Hi there. I will try to be as short but detailed as possible here.

I am a US citizen, my husband is a UK citizen. In 2001 my husband came to the states (we were not married yet). He stayed his 3 month allowance and came back to the UK. He then returned to the US after which time we suffered a few hardships followed by my pregnancy with our child, at which time he refused to leave me to come back to the UK.

We could not affird to file papers for him at that time, so he just... stayed with me. We married in 2003 and in 2005 things became financially impossible for us so we moved back here to the UK.

I now have indefinite leave to remain in the UK but there are some issues. (D being most important to me)

a) we are very unhappy here
b) I have been laid off, and cannot find work
c) All of my family are in the US and I am so depressed I could cry, and often do.
D) We have just received a preliminary diagnosis that my mother may be suffering from ALS. If this is confirmed, I need to go home.

The problem is, we can assume from all we have read, that when he stepped on the plane in 2005, a 10 year ban was imposed on my husband's passport. (we have no confirmation of this, but it's a good assumption) He has made no attempt to re-enter the US since, and he just wants to "go home" as he puts it.

What if anything can we do here?

Help ? :(

Yes, it sounds like he is subject to the 212(d)(3) 10 year bar, but the good news is there is a waiver for that violation under 212(a)(9)(B)(v).

When you file the relative petition for him, and he applies for the immigrant visa (IV) at the US consulate, you will need to file for a waiver of that ground of inadmissibility (previous immigration violation and unlawful presence). The waiver will be sent to the new ARO, admissibility review office, but is certainly approvable, you need to show the extreme hardship (look for the BIA case, Matter of Anderson), as there is a list of factors the ARO will use to see if there is the extreme hardship to you if he is denied the IV and cannot come to the US with you. Most common would be assistance for the treatment for the ALS, financial, emotional, etc.

I hope this bit of news helps, you have a lot going on. If this was helpful, rate this answer! Good luck.

Hmmmm perhaps Im just dumb, but that sort of read like stereo instructions to me lol

It is good news that we can apply for a waiver. It scares me they could deny him

All that paperwork, again... Its frightning.


I do so appreciate the response though...

Thank you.

Ldyrvnhrt, your not dumb, the laws are complicated and my bad if it didn't make sense. I wanted to give you the exact sections in case you need to do more research, but please let me try again;

You can petition for you husband. He needs a waiver to forgive his immigration violations. The waiver is based on an extreme hardship to you if his immigrant visa is denied. With your medical condition you should qualify.

You need to get a good immigration attorney to assist in your case. Hope this was helpful, (I liked your comment about stereo instructions because I usually can't get past the second step). I really wish you well.

Thanks for the clarification, but its not MY medical condition.. its MY MOTHER who we are waiting for confirmation of a diagnosis on. She is my only living parent, 63 years old, and yes she has a spouse, but if they say this is what she has, I need to be there with her... we are very very close...

Just hoping it all works out in the end.

Thanks again so much.