Q. I came to USA in 2001 on B1/B2 visa along with my wife and a son. My second son was born in the USA in 2003.
I had applied for my Canada Permanent Residence and we all came to Canada by car in May 2009. I overstayed my Visa in the USA. Now, all of my business, my house is still in the US. Is there any way for me to go back to US? I had 5 years multiple visa issued in 1997, in Delhi India. Will the US Consulate have a record of my overstay in the US? If I will apply for B1/B2 again from Vancouver on my new passport, it will be a problem?
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A. Without knowing how long you overstayed your status in the US, it is difficult to know what your rights are in terms of returning to the US. Generally if you overstayed in the US for 180 days or more, you are are subject to an automatic 3 year bar. If you subsequently apply for a US Visitor Visa (B-1/B-2), you have to disclose on the application form your overstay in the US. If you fail to do so, you could be charged with misrepresentation and be subject to a 5 year bar or more. However, there is hope! If you are subject to an overstay bar, you can still apply for a Waiver of inadmissibility to the US and be admitted despite your overstay in the US. The US Waiver process would delay your US Visa application but it is often the solution for applicants with prior immigration violations.
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Dear Rahul,
If you have overstayed in the U.S. for more than a year, you are subject to an overstay bar. However, you can still apply for a Waiver of inadmissibility to the U.S. and be admitted despite your overstay in the U.S.
Waivers are issued typically for a period of 5 years. If you wish to enter the U.S. this August, I suggest you begin your application now because waiver applications can now take as long as 10 months.
Unfortunately, if you are an Indian national, you may not qualify to apply for an E-2 visa as India does not have a treaty with the U.S.
Hope this helps.
Hi Alicia
Thanks for your answer. When I was caught I opted for “voluntary departure.” The immigration judge gave me 180 days to leave and I did leave within the 180 days. Do I still have a ten year bar? Should I apply for a Waiver from the outset?
Thank you.
Dear Rahul,
Unfortunately, even if you voluntarily departed and therefore avoided the consequences of a removal order, you still face a ten year bar. For this reason, you will need to file a waiver for the unlawful presence bar.
Hope this helps. Please let me know if you require any further assistance.
Hello,
I entered the U.S. with a tourist visa on June 19th, 2010. I am overstaying this visa by 3 months now, but also thinking of returning to Russia. What is the consequence for overstaying 3 months?
Dear Kate,
If you overstay in the U.S. for 180 days or more, you are are subject to an automatic 3 year bar. When you subsequently apply for a U.S. Visitor Visa, you will have to apply for a Waiver of Inadmissibility along with your Visitor Visa to be admitted.
Hope this helps.
I was a minor when I overstayed in the U.S. before returning to Belize. It has been 3 years since I came back to Belize. I am now 19 years old. Can I apply for a new US visa? I already have a new Belizean passport.
Dear Janine,
Being a “minor” is an exception to the law that unlawfully present aliens would be subject to the penalty barring re-entry into the U.S. However, there have been some cases where a lesser penalty was imposed. Please note that immigration officers can always refuse to re-admit someone for any reason which they think is valid. So, it may be a good idea to consult with an immigration attorney in order to avoid any problems that you may potentially face at the border.
Thank you.
If you overstay in the US (Canadian Citizen), and you leave by Car to Canada, would US immigration know when you left?
Hi,
My father entered the U.S. in 1999 with a Work Permit, but ended up overstaying in the U.S. before he returned to his home country in 2001. He now wishes to move to Canada and live with his relatives and family members in Canada. How can he move and settle in Canada?
Thank you.
Dear JM,
If your father wishes to immigrate to Canada, he can apply for Permanent Residence. Depending on his particular background, he may choose to apply for Permanent Residence through Skilled Worker, sponsorship, or business immigration programs.
Thank you.
HI,
I was on an F-1 Status in the U.S. I overstayed my F1 status. I also got a ticket for possession of marijuana in the U.S.
I want to go to Canada to study. Would there be any problems for me?
Dear S. R.,
I see some potential problems related to your possession of marijuana charges. Were you convicted or did you have to go to court? Depending on the situation, you may have to apply for a Temporary Resident Permit (TRP) along with a Study Permit. I suggest that you consulat with a qualified immigration lawyer with all documents related to your offense to better assess your situation. It is important that you prepare a strong TRP application as there is much discretion involved on the part of the reviewing officer and your application needs to present the mitigating circumstances in a persuasive manner in order to have your Study Permit granted.
Thank you.
I overstayed my visa for three months in the U.S. because I got married to an American. Because of the bad economy, he has lost his job right after we prepared all our paperwork for a greencard and got the medical examination done. So, we ended up moving to my country before sending in our paperwork. However, I overstayed in the U.S. only for less than three years. Am I banned?
Dear Siljie,
If your overstay was less than 180 days, you will not be banned for three years from entry. However, the law provides that the visa of individuals who overstay is automatically voided and all future non-immigrant visas must be obtained in the country of nationality in case your overstay is less than 180 days. Also, your future visa application will be negatively affected. I suggest that you consult with an immigration attorney who can clearly explain the circumstances surrounding your overstay with any mitigating factors in order to ensure approval of any of your future visa applications.
Thank you.
I overstayed my student visa by 1 year. I am engaged to an American citizen, but we are not sure where we are going to live after she finishes her nursing school. I have been offered full scholarship at a graduate school and applied for the necessary F1 visa on Tuesday. However, my student visa was refused because I do not have strong ties to my home country. I have been in the U.S. for the last 5 years so it is not possible for me to have significant ties to my home country. Is there anything I can do?
thank you
chris
Dear Chris,
Based on the information you have provided, you seem to have a complicated immigration problem. You would need to apply for a Waiver along with your student visa because you have overstayed in the U.S. by 1 year. Normally, if you overstay in the U.S. for one year, you are barred from entry for 10 years. It is understandable that you do not have significant ties. However, it is still important that you show enough ties to Immigration when applying for a student visa.
A Waiver application needs to be presented in a clean and convincing manner as there is a lot of discretion involved on the part of the officer reviewing your file. I suggest that you consult with a qualified immigration officer to better assess your situation and to prepare a persuasive application package for you in order to ensure that your application gets approved this time.
Hi All,
I am a holder of a B1/B2 visa which was issued in the Philippines last 2008. I was sent by my employer for training and arrived in the U.S. on July 15, 2008. My I-94 was stamped at the port of entry and was deemed valid until September 25, 2008. As per our company’s discretion our stay was extended up to October 12, 2008 (I was back in the Philippines October 14, 2008). However, an extension of stay was filed and received by the USCIS on September 22, 2008 which was three days before the I-94 expiration date. I was able to check the USCIS website years after we left the U.S. and saw that the case is still pending and the next step was for fingerprinting. I’ve already booked my round trip ticket for December 2011 to January 2012. Should I be concerned of my visa being voided or any deportation proceedings when I arrive in the U.S.? Did I overstay or incurred an unlawful presence even though my total stay is less than 6 months (180 days)?
I appreciate the feedback!
Hello,
I overstayed my B1/B2 visa by less that 3 months. I’m planning on coming back with a F1 visa to complete my studies in the US. My question is have u had any client who overstayed less that 180 days and came back with a B1/B2 or F1 visa?
Hello,
Two years ago, I overstayed for less than a year in US.
Now they provided me an immigrant visa.
Do you think that I could have any problem in my re-entry?
Thank u
Hello Pablo
Thank you for your question. You could have an issue. You may need a reentry permit depending on how long do you leave the country.
I am an Italian citizen who entered the States last year under the VWP to visit my girlfriend who was about to give birth, intending to regularly fly back within the allowed 90 days. We got married (without prior planning), applied for a I-130 and we then found out that was not suggested for out baby to get on a plain before his first round of vaccinations, which was due at age 3 months. That caused me to overstay for one month and 12 days. I am looking to return because my mother-in-law has recently found out she has cancer. What action should I persue as far as permits/visas? I have been travelling in and out of the USA 6 times before without ever overstaying.
Thank you
Hello Daniele
Thank you for your question. Your overstay was less than 180 days it seems so a 3 year bar will not be triggered based on the information provided. As such you could possibly apply to return. Now if you had a visa waiver that could be an issue. You can contact us for a consultation on this one
Hello Mr Niren!
My little story is quite simple. I went to the States with my best friend by holding a visitor visa (you can stay only 3 months), To make my letter short, what really happened is our visa has expired with 2 days already, when we went to Florida have a last fun before we enter back to Europe. But the border patrol was checking our passports and visas and they figured it out that we overstayed with 2 days ( what we thought not a big deal), then we went to jail, then got deported and had bann for 10 years. This hole thing happened almost 3 years ago, but before i was quite broken after the jail, and i thought i will never ever enter to the States again. Before i didnt care , but now its different, Im doing bodybuilding, and everybody knows that the best competitions are running in the States. So i would like to know what is your opinion about my case, so i just overstayed 2 days and got 10 years banned (and i heard if its less than 180 days you got only 3 years, but if it is more than 180 days you have 10 years banned, but i just overstayed 2 days)… should i fight for my right?
Thanks.
Sincerely, Csaba
Hello Csaba
Thank you for sharing your case. If you just overstayed 2 days but still got a 10 year bar that may be an issue. How long ago was this? You will likely have to apply for a US Waiver to be re-admitted to the US. We can assist with this.
Sincerely
Michael Niren
Hello Mr Niren!
Thanks for your reply. This case happened exactly 3 years ago, but like I said, after being deported i was broken and i thought i will never enter to the States again. Times are changing, and i changed my mind
so all I need to do is just apply for a US Waiver program again, and we will see?
Thank you!
Sincerely, Csaba
I was denied when I applied US tourist visa. They asked me how did my brothers go to the US and I replied as Tourist and eventually settled their documents and become immigrant and they get married also in the US. Can you help me how to resolve this issue and if I reapply again what is the best thing to say? thank you
Hello My
This is a common issue. You are “guilty by association” which really isn’t fair. Your case should be judged on its own merit and not what your other family members may have done. You can always re-apply but if you do I would make it very clear in your application that you intend to stay in the US for only a temporary purpose. This isn’t an easy one.
Michael
Hi All. Just to let you know that we are now accepting online appointment bookings. This mean that you if wish to speak with us about your case, you can book an appointment securely online.
Just go to http://www.visaplace.com/book-appointment-online
Best
Michael Niren