Yeah this is a tough one. My husband is from the Czech Republic & has overstayed his tourist visa for 3 years & needs to return home, I know that he is not going to be able to get back in the US & is planning on returning home this March. I'm going with him, but am so scared, if you've found out anything on your situation I would appreciate it if you would let me know.Thanks.
i think that the INS will make it very hard for him to get another tourist visa(if he can even get one). If that happens, maybe it's time for plan B: Get a visa under other name if possible.
You can ask for a waiver or go ahead and petition for him to come back into the U.S. as your spouse (I-130). Whatever he does...do not get a visa under another name. He/you have already compromised his returning to the U.S. prior to the 10-year waiting period for overstaying a Visa. The last thing you want to do is make it a permanent situation - living in the Czech Republic!
i have my relative case same as yours. and they wont let him in in Czech Republic. so better be................