Unlawful Presence over 20 years ago


excelle4

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Our lawyer is about to file our I-140 and I485 concurrently. However, I came across a question about unlawful presence and wondered if it can have any negative effect on the application. Both I and my hubby overstayed our visas in the 90s. We left voluntarily in 2000. We filed a waiver a couple of years after and it was granted, allowing us to visit the USA as we pleased over the 10 years. 
We since got a TN visa in 2015 and moved back to the USA. My husband also got his H1-B a couple of years ago and the labor certification just got approved. In the process of completing the I-140 questionnaire, we came across this unlawful presence question and wondered if it is still applicable to us. Should we answer yes, with an explanation or is this a show-stopper?

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The 9B unlawful presence ban is a 3-year ban if you accrued more than 180 days of unlawful presence and then left the US, and a 10-year ban if you accrued more than 1 year of unlawful presence and then left the US. Once the ban is over, you do not need to do anything. No waiver is needed. Since it's been more than 10 years since you left the US after accruing the unlawful presence, the ban is long over.

If you have ever tried to enter the US illegally after accruing the 1 year of unlawful presence, that would trigger a 9C lifetime ban. If you never tried to enter the US illegally, then you don't need to worry about that.

What "I-140 questionnaire" is this? What does the question ask?

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