New Member....need your advice!

My fiance's family came here when he was young and his siblings were young too. My fiance ended up going for the green card lottery year after year and then got it. His brother is being sponsered and still waiting...his mom ended up getting it but his sister ended up aging out. She stayed in US too long and said if she went back she would get a 10 year ban. Now she left the US and is trying to deal with not being able to live here but the thing is I am getting married to her brother next year. She is really upset and so is he that she might not be able to come over. I don't understand how they would know to ban her. She left easily and if she came back...how do they know she stayed here so long? She is coming from Scotland and his older sister comes and visits fine. I'm wondering would she be able to come over....or is there a way to get a temp. visa for certain circumstances like a wedding? Any help would be great...I really want to try and help her. Thank you!

your story is very confusing. But from what I understand, if she has the 10 year ban then she can't come back to the US. Unless she marries a US citizen, then her husband can appeal for her or something along those lines.

Did they overstay the original visa in which they came under? If they did, I have no idea how your fiance was able to benefit from the green card lottery since that is impossible to do.

Secondly, if they came in with a visa, the government would definitely know that she overstayed her visa and that, because of this, she is ineligible to reenter the US for at least 10 years [given your story]. There's a 99.9% chance that they would not give her a visa to come see the wedding [I believe that would fall under the tourist visa category....Ianus? ] since she has been hit with the ban. Even after the 10 years, there's an incredibly high chance that USCIS will NOT give her a visa given the circumstances.

Sorry I can't give you better news...

Hooper is correct,she would need to have an immediate relative in the U.S. as a Permanent resident or US citizen.For immigration purposes an immediate relative are defined as a Spouse,parent or child.If at least one of those categories are related to her with the proper documents then something may be possible,but according to the story that you've written that doesn't appear to be the case.

The likelihood is that she will never see the US again in her current state since US embassies usually do not issue visas to overstays[Yeah,you're right Hopeful ] unless the previous unlawful presence has been excused & since she has no immediate relative in the US just further solidifies the outcome.

How did she enter the US previously,was it via the VWP program since she appears to be a British citizen or was it with a visa ?

BTW,Welcome to the forum.