How long does inadmissibility last?

[amberruth 0]

Here's the backstory: From 2005-2007 my then boyfriend and I (US Citizen) were living in the States. After four months that he was in the country we got married and began the I-130 petition, which was accepted. Unfortunately we had to leave the country for a sick parent before finishing the request for change of status. Since that time we have entered the States once and he was sent back, declared inadmissible. Apparently he had a five year ban from the US, which expired last April.

Now we are going to start up the process again in hopes that I can go back to school in the States. I am having the I-130 sent to Italy, but I don't know if we have to apply for the waiver of inadmissibility before making the main application. The Border Control said that he had a five year ban that expired April 2012. Is there any way to check if the ban is still in place? And if there isn't a ban, we don't have to apply for the waiver of inadmissibility, even if he was refused entry? Any help would be much appreciated. Thanks so much!

[canadian_wife 1,822]

If he is inadmisable, it will be declared at the interview. THEN is when you submit the waiver of inadmissability. Not before

good luck

[Cathi 5,757]

Why was he declared inadmissible? Try calling the Department of State to find out about the ban.The number for DOS is - 202-663-1225. Good luck!

Edited January 19, 2013 by mimolicious

[amberruth 0]

Thanks for your responses. He was inadmissible because of an overstay as we left the States before finishing the green card process. I kind of thought something like that would happen, yet we didn't think to check up on it before we left for the States last year. Thanks for the phone number. I'll try to give them a call.