Immigration Lawyer Pompano Beach

Yes, but will also need a waiver to overcome past unlawful presence.

Yes he can. He will need a waiver first.

A person who overstayed a previous visa may still be able to enter the U.S. based on marriage to a U.S. citizen, but the previous overstay may trigger a ground of inadmissibility that must be overcome before the individual can enter the U.S. Under the law, if you overstay an authorized period of stay on an I-94 card by more than 180 days and then leave the U.S., you are barred from reentry for a period of 3 years. If you overstay the authorized period of stay on an I-94 card by more than one year and then leave, you are barred from reentry for 10 years. In your case, it appears that you overstayed by more than one year, so you are barred from reentry for a period of 10 years from your last departure. The bar to reentry can be overcome and you can apply to reenter before the 10 years, but to obtain the waiver, you must demonstrate that the bar would cause an "extreme hardship" to a U.S. citizen or lawful permanent resident spouse, parent or child.

The person can re-enter the United States after his spouse files an immigrant visa petition on his behalf. However, as he previously accrued more than a year of illegal presence, he is subject to a ten year bar. He would need a waiver based upon extreme hardship to his spouse if he was not allowed in the United States before the ten years ran. This is a matter that is best handled by an attorney as it requires submission of appropriate forms, supporting evidence, and knowledge of legal arguments regarding hardship.

You would be an immediate relative if your wife is a U.S. citizen. Unless you have been overseas for ten years then you will need to process for an immigrant visa (at the consulate) AND apply for a waiver of the ten year bar. If you have not yet left the U.S., then you may be able to adjust status in the U.S. since you had a legal entry.

Yes, but will need a waiver of the penalty for the overstay.

Yes, but first it would be necessary to obtain a waiver.

Marriage to a U.S. citizen may qualify you as an immediate relative for immigration purposes. However, if a year or more of your overstay occurred after 01 Apr 1997, you will be subject to a ten (10) year exclusion before you will be eligible for issuance of an immigrant visa. In that regard, the exclusion will not apply to you if you have already remained outside of the U.S. since your most recent departure or if you obtain a waiver by proving that your exclusion would be an extreme hardship on your U.S. citizen wife and/or other qualifying family members. In either event, I suggest that you seek the assistance of an experienced immigration attorney.

It depends on how long the person overstayed. Any overstay over 180 days in problematic and may require a waiver of unlawful presence.

Yes, but they will have to explain the overstay and request a waiver of the 10-year bar. It will help if they don't have other immigration violations and/or a criminal record in the US or anywhere else.

No, not without a waiver. The ten year bar will make the person inadmissible for ten years from a verified departure. A waiver gets complicated and requires reliable evidence of extreme hardship. This extreme hardship standard is based upon case law and consular discretion. I strongly recommend an appointment with a competent and experienced immigration attorney.

He will be subject to a ten year bar. His wife can file for an extreme hardship waiver which is fairly in depth and difficult to obtain. Otherwise he will need to wait out the full bar before entry.

Yes, so long as the person has been outside the US for 10 years.

Not before 10 years have passed. You will otherwise have to marry outside the US and obtain a I-601 waiver once your spouse petitioned you for an immigrant visa.