Can my immigration ban be lifted now that my husband is a US citizen? 3 Answers as of February 21, 2011

I received a ten year ban 5 years ago. My husband has just become a US citizen as he held a green card for 18 years. We have been married for 15 years and have 6 children. He comes to England to visit us for 4 months at different stages throughout the year. I got the ban for overstaying by 3 years. Can the ban be lifted now that he is a resident?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
The ban cannot be lifted but you are and have been eligible for a waiver to return to the U.S. unless you triggered the permanent bar by re-entering the U.S. after being deported. This could have been filed even when your spouse was only a permanent resident. These are complicated cases if you have been removed so it is important to advise you not generally but on the specific facts of your case. If you want a further consultation on your case, this can be scheduled through my secretary, Janet.

We do charge for consultations but whatever is paid for the consultation would then be credited toward the fees for the case should we be retained for any additional work on your behalf. You may contact us directly at the email below or through our website.
Answer Applies to: California
Replied: 2/21/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Apply for a waiver and file an i-130.
Answer Applies to: Tennessee
Replied: 2/21/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Nobody is beyond the law. Not a citizen. Sorry to tell. However, you may always apply for a waiver for the ban. As to what grounds are available to you, you should consult a lawyer with more specifics. You are welcome to contact us at or call. Good luck!
Answer Applies to: Florida
Replied: 2/18/2011
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