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I overstayed by 8 months after the 90 days on my visa waiver as my husband, who is a USA citizen, had an accident and was in hospital. He nearly died after falling off a 40-foot ladder. I was the only one there to nurse and wash and feed him, so I stayed until he got on his feet.

I came back to England with no job as they had to let me go. I have not seen my husband now for a year and a half. I did get my new visa but I am worried to go and see him because friends have told me I may get turned back as I may have a ban for three years. I was hoping that maybe someone could give me an idea of what my husband and I can do.

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    You will be refused entry and banned on entry. Nothing anyone can do for you nor do they care about your sob story of nursing your husband. Your new Visa Waiver is void ab initio, and you have a three year ban from entering the USA. Good luck! – user 56513 Apr 9 '18 at 18:55
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    Please clarify, you have an ESTA or an actual Visa? – Johns-305 Apr 9 '18 at 18:57
  • You want to visit the US? or immigrate to the US? (If the latter, you should have just stayed in the US and applied for Adjustment of Status, as then you would have no ban since you didn't leave the US, and thus need no waiver.) – user102008 Apr 9 '18 at 22:33
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    @nsn it's not as simple as just marrying an American, you have to live in the USA as a permanent resident for 3 years to become a US citizen if you're married to an American. OP is going to have a hard time getting a visa and a green card to become a citizen because of her overstay. She really should of tried adjusting her status there. – BritishSam Dec 14 '18 at 14:54
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    @BritishSam indeed, she should have done that, or she at least should have applied for an emergency extension of stay, or she should have left the US and returned. Now she might be able to get a waiver under 8 USC 1182(a)(9)(B)(v), as noted in abelenky's answer. This is probably the best reason for a waiver that I've seen on this site, but I do not know what sorts of reasons are actually accepted in practice. – phoog Dec 14 '18 at 15:13
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From the page: http://www.alllaw.com/articles/nolo/us-immigration/consequences-of-overstaying-on-temporary-visa.html

Eligibility for Waiver of the Three- and Ten-Year Bars
The waiver applies to intending immigrants who can demonstrate that if the waiver and visa are not granted, their U.S. citizen or lawful permanent resident spouse or parents would suffer extreme hardship. But extreme hardship can be difficult to prove - it means more than the hardship that any family member would feel upon facing separation due to denial of a visa. Medical, financial, educational, and other factors are taken into account.

The article goes on to say that you will need the help of an attorney to get this Waiver, but it is not impossible.

Contact a US Immigration Attorney, and be prepared to document in extreme detail your husband's injury and recovery. You might have a case.

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    If the husband is still disabled or unable to work, that improves the chances as I read it. – Andrew Lazarus Apr 9 '18 at 19:32
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    He's already recovered. She's not going to get a waiver since he's already recovered.Hardship waivers are not for history, they are for the present. She shouldn't bother wasting money on an attorney on a dead end case. The waiver applies to intending immigrants who can demonstrate that if the waiver and visa are not granted, their U.S. citizen or lawful permanent resident spouse or parents would suffer extreme hardship – user 56513 Apr 9 '18 at 21:06
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    Oh? You know the husband personally? Just because he's no longer in the hospital does not mean he is fully recovered. Without knowing the precise details, he may still be facing significant recovery issues that his wife can help with. Your absolute certainty in yourself in the face of unknown details is disturbing. – abelenky Apr 9 '18 at 21:23
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    As I read it she wants to visit, not immigrate. Non-immigrant waivers (I think they are called "Hranka waivers") are not so hard to get and don't require a particularly compelling reason for the travel, so the quoted paragraph doesn't really apply to her. She would apply for this when she applied for a visa (which she now needs). – Dennis Apr 9 '18 at 21:57
  • @Dennis How would a Hranka waiver apply to inadmissibility under 8 USC 1182(a)(9)(B) when it has a specific provision for a waiver at 8 USC 1182(a)(9)(B)(v)? – phoog Dec 14 '18 at 15:17

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