How can I bring my husband back to the United States? 2 Answers as of July 23, 2011My spouse came to us b1 b2 visa exp 2008 and changed his name in 2001 married 2005 went back to home country 2010 filed I 130 approved June 2011 and is he banned from us because of over stay. We have two children together.
Baughman & Wang | Justin X. Wang
If he overstayed his visa for more than one year and then left the US, he is barred from coming back for 10 years. He may be eligible for waiver but you should consult with an immigration lawyer for advise as waiver is very difficult to get.
Answer Applies to: California