What do I do if my husband has an overstayed visa? 5 Answers as of June 26, 2013

My husband has an expired j-1 visa and has overstayed for 5 years. He tried to apply for the no objection waiver and was denied. what is any other way to keeping him in the u.s and getting legal status. We are scared that if he leaves the u.s he was be banned from coming back for a while... please help.

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Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
At this point your husband's only option is to apply for a green card through your marriage if your are a U.S. Citizen. However, he must obtain a waiver of the residence requirement. There are more waiver options than a "no objection waiver".
Answer Applies to: California
Replied: 8/8/2011
The-Immigration-Lawyer.com, PC
The-Immigration-Lawyer.com, PC | Scott D. Mills
I cannot answer this question unless I know if the wife is a US Citizen.
Answer Applies to: Utah
Replied: 8/6/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Are you a U.S. citizen, have you filed any immigration papers on behalf of your husband?
Answer Applies to: Florida
Replied: 6/26/2013
Baughman & Wang
Baughman & Wang | Justin X. Wang
If he is subject to the two residence rule, he must either waive the requirement or reside in his country for two years before he can immigrant to the US.In addition to the "no objection" letter, there are several other ways to waive the requirement, such as persecution, extreme hardship or interested federal/state government sponsorship. I suggest you consult an immigration attorney to discuss his options.
Answer Applies to: California
Replied: 8/5/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
To get a J-1 waiver, there are other ways that an experienced immigration attorney can help you with.
Answer Applies to: Nevada
Replied: 8/5/2011
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