My husband was in the USA as an illegal immigrant from 2004 to 2008. Can he get a tourist visa? [closed]
![My husband was in the USA as an illegal immigrant from 2004 to 2008. Can he get a tourist visa? [closed] - From above closeup of Israeli and American flags on toothpicks and different nominal pars of dollar banknotes on white background](/assets/images/my_husband_was_in_the_usa_as_an_illegal_immigrant_from_2004_to_2008_can_he_get_a_tourist_visa_closed_0.jpeg "My husband was in the USA as an illegal immigrant from 2004 to 2008. Can he get a tourist visa? [closed] - From above closeup of Israeli and American flags on toothpicks and different nominal pars of dollar banknotes on white background")
My husband is from Mexico. He crossed the border into the USA with no passport in 2004 and remained there until 2008. In 2008, his brother passed away in a car accident in California. After this, my husband went back to Mexico, crossing in Tijuana by bus, so there is no record of his departure.
Can he get still a tourist visa to the USA? We are planning a trip to Disneyland with our children. We have been in Argentina since 2010. He is a resident alien here, and we have a house and jobs. We don't plan to move to the USA and we have proof of that.
Best Answer
Your husband is probably not eligible for a US visa at the present time but may be eligible next year.
Your husband was in the USA unlawfully for over a year, so, if none of the exceptions apply (such as being under 18 or being a victim of human trafficking), he acquired a ten year ban when he departed in 2008. The ban will last until ten years have elapsed since his departure, which should be on his ten year anniversary of departure in 2018. After this, he is eligible for a visa, but, given his travel history (four years unlawful presence in the USA and evading passport control) it will likely be very difficult to convince a consular official that he will not overstay again.
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![My husband was in the USA as an illegal immigrant from 2004 to 2008. Can he get a tourist visa? [closed] - Back view of unrecognizable young male tourist in casual clothes with backpack cuddling girlfriend with skateboard in hand while standing on grassy ground near Brooklyn Bridge and admiring city](/assets/images/my_husband_was_in_the_usa_as_an_illegal_immigrant_from_2004_to_2008_can_he_get_a_tourist_visa_closed_1.jpeg "My husband was in the USA as an illegal immigrant from 2004 to 2008. Can he get a tourist visa? [closed] - Back view of unrecognizable young male tourist in casual clothes with backpack cuddling girlfriend with skateboard in hand while standing on grassy ground near Brooklyn Bridge and admiring city")
![My husband was in the USA as an illegal immigrant from 2004 to 2008. Can he get a tourist visa? [closed] - People Standing Near Highway Near Vehicles](/assets/images/my_husband_was_in_the_usa_as_an_illegal_immigrant_from_2004_to_2008_can_he_get_a_tourist_visa_closed_2.jpeg "My husband was in the USA as an illegal immigrant from 2004 to 2008. Can he get a tourist visa? [closed] - People Standing Near Highway Near Vehicles")
![My husband was in the USA as an illegal immigrant from 2004 to 2008. Can he get a tourist visa? [closed] - From above of cheerful senior wife wearing wide scarf and headband with flower bouquet in hand and happy elderly gray haired husband in warm clothes lying on ground with fallen leaves in park with closed eyes](/assets/images/my_husband_was_in_the_usa_as_an_illegal_immigrant_from_2004_to_2008_can_he_get_a_tourist_visa_closed_3.jpeg "My husband was in the USA as an illegal immigrant from 2004 to 2008. Can he get a tourist visa? [closed] - From above of cheerful senior wife wearing wide scarf and headband with flower bouquet in hand and happy elderly gray haired husband in warm clothes lying on ground with fallen leaves in park with closed eyes")
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