Question About 10-Year Ban/ Abuse
Hello,
My fiancée (28F) overstayed her initial tourist visa in the US by more than 1 year. She ended up leaving the US back to Brazil 1.5 years ago, which likely triggered a 10-year ban.
The reason she left was that she incurred documented physical abuse from her previous partner (also a Brazilian citizen) here in the US. The reason she left is that her and her ex have a 5-year old child together and she did not want her ex to take their son from her.
She now wants to reenter the US and we are trying to figure out if the above is grounds for “extreme hardship”? Only issue is that I believe her ex-partner also is a Brazilian citizen but has been in the US for years.
Every immigration lawyer I call immediately tells me, even before I explain the documented abuse, that we have to wait 10 years. I was physically home when a State Case Worker came over to check on my fiancées son as they were documented victims of abuse.
I’m feeling defeated and it’s taking our toll on our relationship. We have proof in pictures of being together for several years and are willing to get a marriage certificate in Brazil to support our case. Thanks for reading.
TLDR- I (39M US citizen) want to explore options to get my Brazilian fiancée (28f) back in the US prior to 8.5 years from now. Overstayed her visa and left US to escape domestic-violence relating to her son’s father.