If my husband leaves the US with an expired visa, how can I sponsor him to bring him back?


Q: If my husband leaves the US with an expired student visa, will I be able to sponsor him and bring him back? How long will it take? I am a US citizen.

A: Generally there should not be any problem as students under F-1 visa do not accrue “unlawful presence” until USCIS or immigration judge say so.  Make sure he does not have such “finding”.  If he did not apply for any immigration benefits or did not go to immigration court, he is fine.  Therefore, even if he overstayed his student visa, he is not subject to the 3 or 10 year bar.  You may file I-130 visa petition with the USCIS.  Once approved, follow the instruction to complete the visa processing procedure and he will be asked to appear at US consulate for immigrant visa interview.

Please note that this response to your question is very general.  You must make sure there are no other issues, such as “student visa abuser” or unauthorized employment in the US, which will complicate the matter.