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?