Immigration Questions: (954) 382-5378
  Immigration News & Updates              eNewsletter

Tell a friend about this page

Learn More About:

This Week's Immigration News 
By Immigration Attorney Caroly Pedersen

Add this page to your favorites.

Add this page to your favorites.
Immigration News & Updates eNewsletter ©  2011  - 2014  
For questions about U.S. Residency, Green Cards and Immigration Visas, Visit our Website at: or  call our office at: (954) 382-5378
Questions & Answers
Question: Hi, I'm from Australia I met my fiancé in 2011. I overstayed my visa waiver to be with him. I came back to Australia in May 2014.(I wasn't deported, I just came home to see my family). I came back in July on another visa waiver but I was sent home and Homeland security told me to apply for a B2 tourist visa. I applied for the B2 visa only to be told at the U.S. Consulate that I can't be issued one because of overstaying my waiver which really confuses me. Now my fiancé is going to fly to Australia to marry me and we were wanting to know what we have to do so that I maybe able to travel back to the U.S. with him after we are married as this is where we plan to live. Your help would be so greatly appreciated! Kind regards.
Helpful Immigration Hints You Can Use
Immigration Bill To Eliminate Family Immigration Categories 
Gaining Support In House
The Nuclear Family Priority Act, introduced in the House of Representatives last year by Republican Rep. Phil Gingrey has been steadily gaining support among Republicans and some conservative Democrats as well in 2014. Designated as H.R.477, the Nuclear Family Priority Act is aimed at reducing “chain migration” by immigrant families. 

If enacted, the Bill would eliminate the Immigration category for “Parents” of U.S. Citizens, and instead create a new Non-immigrant Visa, which would allow Parents to stay for extended periods in the U.S., but prohibit them from working or obtaining a Green Card through their U.S. Citizen Children. 
Critics of the Bill say that the measure has no chance of passage, but some experts believe that any Bi-Partisan Comprehensive Immigration Reform legislation which does finally pass both Houses of Congress will likely include restrictions on family immigration categories, such as eliminating the Sibling Immigration category (called F4) for Brothers and Sisters of U.S. Citizens and restricting the age of adult Children which U.S. Citizens would be allowed to sponsor in the F3 category.
Learn more about the Nuclear Family Priority Act:

Read the Bill
Answer:  Yes, unfortunately, under Immigration regulations, once you overstay your period of authorized stay in the U.S. - by even one day, when you leave the U.S., you are not allowed to re-enter on your Visa Waiver (or B1/B2) and are instead required to apply for a new B1/B2 Tourist visa at the U.S. Consulate in your home country. However, once an individual overstays in the U.S. and then applies for a visa at the U.S. Consulate abroad, the Consular officers are very unlikely to issue a B1/B2 tourist or any other type of Non-immigrant visa, effectively closing all possibilities for legally travelling to the U.S. again.

The exceptions are Visas, such as a Fiancée Visa and Spousal Visa (for foreign Fiancées & Spouses of U.S. Citizens). However, foreign Fiancées and Spouses are not issued the Visa which allows them to travel to the U.S. until all the technical processing is complete, which takes 6-8 months or more. 
In your cases, since your U.S. Citizen Fiancée is going to fly to Australia to marry you, once he returns, a Spousal Immigrant petition can be filed to initiate the process of bringing you to the U.S. as a U.S. Resident (Green Card holder). However, you won’t be allowed to return to the U.S. along with your new husband, instead you have to wait in Australia for consular processing. 
Conservative Lawmakers Threaten To De-Fund Obama’s Planned 
Immigration Reform Programs
In a political move intended to discourage President Obama from expanding current Immigration programs to include a wider-range of Immigrants, including Parents of DREAMers with Deferred Action Status and Parents of U.S. Citizens, conservative Lawmakers lead by Sen. Ted Cruz and Sen. Rubio are supporting legislation which would prohibit government funding of such programs. 

By cutting off funding for such programs, anti-immigration Lawmakers hope to stop the President from using his executive and administrative authority to improve our immigration system. “I think we should use any and all means necessary to prevent the president from illegally granting amnesty,” Cruz told reporters. 
This measure redefines the Immigration term "immediate relatives", (which now includes Parents, Spouses and minor Children of U.S. Citizens) restricting it instead to Spouses and minor Children only. Sponsors of the Bill believe that current Immigration laws are too liberal, allowing U.S. Citizens to sponsor many non-nuclear family members, which creates an endless chain of mass legal family Immigration. 
For now, supporters of de-funding and are busy working behind the scenes to drum up additional votes for the measure, hoping to pre-empt funding of Obama’s Immigration Reforms before they are even announced. Stay tuned…
There is an option for an additional step which may result in you being able to come to the U.S. a little earlier, but it may still take up to 6 months, called the K-3 visa, which can be approved once the spousal petition is filed. 

We can assist you and your soon-to-be husband by taking care of either your Fiancée or Spousal case to ensure that it is properly, professionally prepared and filed, so that you are able to immigrate to the U.S. as quickly as possible under USCIS and Consular processing procedures.
Read The State Department’s Visa Bulletin - 
Just Released For October 2014
The Visa Bulletin released by the State Department each month details the current waiting times for Immigrant Visas in Family and Employment Immigrant Petition cases. You can view the current Visa Bulletin for October 2014 by clicking on the link below:

October 2014 Visa Bulletin
Immigration How To:
How Do I Know What Filing Fees Are Required?
One of the most common reasons for case rejection by the USCIS is for the wrong Filing Fees. You can see the current USCIS Filing Fees by clicking on the link below:
Current USCIS Filing Fees
Avoid Case Rejection By Enclosing the Correct USCIS Filing Fee