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Hello, I entered visa-free and was out of status for more than 3 years before returning to Korea.
My wife and child currently live in the U.S. — I’d like to know if it would be difficult to obtain a visa to enter the U.S., such as through an employment sponsor.
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T. 718-514-2777 HK Jang
Marriage Green Card in U.S.: $1,900
Marriage Green Card Abroad: $2,100
Green Card for a Parent in US: $1,750
Green Card for a Parent Abroad: $1,950
Perm(LC) : $4,500
I-140 : $2,000
I-485 : $1,500
K-1 Visa : $1,450
Change of Status : $1,500
N-400 : $600
Re-Entry Permit : $500
Green Card Extension : $300
There is a process where you can file an application to lift the re-entry bar resulting from unlawful presence, go through an interview, and be allowed in. However, it’s not guaranteed 100% — you’d need to go through the process and pass the consular interview. Unless your child turns 21 and sponsors your parent green card, we think it would be difficult to obtain a visa to enter otherwise. One option is re-entry through an I-601 waiver of inadmissibility — the I-601 waiver can be filed on the basis of extreme hardship to family, but given your current situation, we can’t offer much certainty.