filing sponsorship of second spouse

[Boiler 45,579]

You can not serve your ban inside the US.

[beandippy2000 0]

Ok, that explains a lot. His exit wasn't recorded so they can't prove he overstayed except by his own admission. CBP decided on that basis to go ahead and admit him. This is very similar to the other case I mentioned in my previous post.

Since he was admitted by CBP then I'd put the chances of USCIS approving his adjustment of status at around 50%. It would depend if they have evidence of his overstay beyond his having admitted it. If they have that evidence then they can conclude that CBP erred when they admitted him, and determine that a ban went into effect when he left the US. If he's denied then a good lawyer could easily stretch this out for a few years until the ban expires, and then he'd be able to adjust status.

****

I contacted two lawyers today who did free consults. Both agreed that my past sponsorship would not be a red-flag (interesting).

1. The first said something similar to what you had said, as long as he had entered legally in 2005, then it was CBPs fault. She said if he did came with a visa in 2004, we could do a marriage-based adjustment and file for something called a "bad time bar." If that is denied, we can try to stretch out the case so that he would have been in the US for 10 years and would we could try to adjust his status at that point. If that doesn't work, we could look at a waiver, and she has a 100% success rate with the ones she's filed.

2. The second didn't seem as familiar with the waiver process as the first, but he said filing was better than doing nothing and felt confident that we would have a good marriage-based case. (Of course, he's an attorney...he's going to say that) He mentioned somethign similar, about stretching out the case, the deportation court in our district is backlogged by about 4 years, so potentially, enough time could pass that he'd be eligible for the 10-year cancellation since he had an American spouse.

[jojolicious 38]

That really does not sound right, especially at an Airport. His B2 was void as soon as he overstayed.

They may well have claimed to be US Citizens, a life time ban with no waiver available.

I am sure there is a lot more to the story than that.

If he entered with inspection and just overstayed he would be eligible to adjust through marriage to a USC.

I agree with Boiler and although I think it is good that you are getting a more detailed explanation from him, I still think you should look at his I-94 for yourself.

It's good that you have started your consultations already. I suppose if Laurel Scott confirms what the other two lawyers said that will be the icing on the cake for you two.