Kimberly

Many of you may remember me from a few years ago... My son in law entered the US without inspection when he was 16. He left the US when he was 18 and 9 months. My daughter married him in Mexico and has lived there with him since that time. His interview for the I-130 is May 19. (finally) I just want to make sure, before the interview, that he is only subject to a 3 year bar. It has been over three years since he left the US, if he is only subject to the 3 year bar, it started the day he left the country. Is this correct? Therefore, it has already been served and he should be approved?
Thanks

SchAn

I'm not quite sure, but I think it depends on how many days without a status (ilegaly) he was in the US. If it's less than 180 days then it's a 3 year ban, if it's more than that and even over a year then it's a 10 year ban.

Kimberly

I believe that is the law. I just want to confirm that the clock doesn't start until after your 18th birthday and that the 3 year ban starts the day you leave the country.

Folinskyinla

Hi:

That is my understanding. The clock started running on his 18th birthday. Please note that although I am a lawyer, I am not YOUR lawyer. Can't say I've had experience with this.

Kimberly

Thank you! I also want to make sure that the ban starts the day you leave the country. If this is the case they should not have to file a waiver.
The interview is coming up quickly and we want to be prepared!