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I overstayed my Visa in the USA. How can I now Return to the US?

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. More info on Overstaying on your US Visa.

Have you Overstayed your Visa?

Contact us for a consultation to discuss your options or fill out our free immigration assessment form located on the left of this page, and we will get back to you within one business day!

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

149 thoughts on “I overstayed my Visa in the USA. How can I now Return to the US?

  1. James

    HI,
    I overstayed my F1 visa for one year. Then I applied for new school and left US.(2012-2013)
    I successfully re-entered US again with new I-20 and old visa.(2014)
    The immigration officers said there is nothing wrong with my visa, still good till 2017.
    And last September, I re-entered US with another i-20 but this time I didnt make it.(2015)
    They cancelled my visa and asked me to sign form i-275.(voluntarily return to my home country)
    Immigration officers said I overstayed between 2012-2013 for too long.
    They also told me that “there is no ban on you”.
    I tried to apply for B2 visa after 8-months, however my application got rejected.
    The officer told me he needs to request documents from US custom before he can approve my visa.
    Is there anyway that I can return to US for just one month trip?

    Reply
    1. Vahe Mirzoyan

      Hello James. US immigration can be very complex. Every time that you received a border denial, it appears on your permanent record. If you need to be in the US for a one month visit, you would need a waiver to allow you into the country. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
      1. James

        From my understanding, I601 is a waiver of unlawful presence or re-entry ban.
        The immigration officer told me I was only out of status instead of unlawful presence.
        Due to my i-94 is non-date specific (D/S), the Unlawful Presence begins when an Immigration Judge or USCIS adjudicator declares I have violated my status.
        Also, would you guys take a look at my assessment?
        I already submitted it.

        Reply
  2. RM

    Hello,
    I have entered the US on a B1/B2 visa and did my paperwork and interviews for the national match program. I matched here and was offered a J1 visa by my employer. The problem is that I filed for an extension when I came here and I received my extension approval in April with an I-94 that expired in February. I now have the option of staying here and filing for a change of status once I receive my DS2019 or I can go back home and go through the consular interview. I’m worried if I go back home I will not be able to come back for my residency and I’m worried if I stay here my change of status gets rejected and I lose my residency contract. Please, tell me what is better to do

    Reply
    1. Vahe Mirzoyan

      Hello. We need to assess whether there is a 2-year residency restriction on your J-1. If there is a pending application to extend status and you depart, you will lose the implied status and you may not be able to get back into the US if you do in fact have the residency restriction. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to gather all the information from you and give you guidence. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  3. kelly

    Hello,
    I have entered US in 2011 with a valid F1 visa. after graduation I applied for OPT and then strm extention. I was employed during OPT and updated my DSO about my employment details. I applied for H1 B while on stem and it got denied and my change of status was denied as the USCIS determined that I was unemployed for more than 90 days during OPT due to lack of enough evidence even though I was. I took an immigration lawyers advice, enrolled in a university and left the country with my new I 20 immediately within 20 days of the finding and came back with a new i 94 but on the same f1 visa I got 4 years ago. Its been 6 months since I re entered the country and if I leave the country now, will I still trigger a 3 year ban and will my future change of status application be denied based on this?

    Reply
    1. Vahe Mirzoyan

      Hello Kelly. When you received your denial due to Immigration’s assessment that you were not working for more than 90 days during your Optional Practical Training, what did you do to correct the situation provided that you had been working? I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  4. Siri

    Hello,
    I would like to discuss my case. I went to US on J1 visa. At the end of my visa J1 status, I applied for F1 visa and sent the application for change status and attended classes regularly while waiting for the decision( I got I20 from school). But I got denied letter, I talked with counselor at school, she said I don’t have to go back home immediately wait until finish the semester and go back home for redo process of F1 status. Now I already left US on Dec 16,2015 but My J1 visa expired on June 8,2015
    I am worry about Could I reenter to US? Am I overstay? What can I after it?

    Thank you

    Reply
    1. Vahe Mirzoyan

      Hello Siri. Taking US immigration advice from a school councilor who is not an immigration professional is never a good idea. Overstaying on a visa is a serious matter in US immigration. It will appear on your permanent record. The good news is that a case can be made to explain to the border services officer what your situation was at the time. We have helped people in your exact situation (overstay) many times in our 18 years of practicing immigration law. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
      1. Siri

        Thank you for your reply. Is that mean I am overstayed and got bar? and I still curious about when do they start counting overstay day? I had “Period of authorized stay” after my visa expired for 1 month. Do they start counting after that or since my visa expired?

        thank you,
        Siri

        Reply
        1. Vahe Mirzoyan

          Hello Siri. We would need to see all the documents that you received in order to give you the detailed information that you need.
          Regards, Vahe

          Reply
  5. Greg

    Good afternoon

    I had an interview back in january 2016 and was placed on AP. Rencently my status was updated to READY and when i contacted the embassy, i was told that the file went for consular review. Does that mean the visa might be issue or am i still at risk for refusal. Please advise

    Reply
    1. Vahe Mirzoyan

      Hello Greg. At each step in the process there is a risk for a refusal. The fact that you have gotten this far is very good news.
      Best regards, Vahe

      Reply
  6. Shan

    Hi
    I’m a Indian nationality . Me & my wife we applied for B2 visa in 2012 by sponsorship. In June2012 we went & got entry for 6months my wife she came back after 1month as her holidays got were finished & I stayed back as I wanted to visit my relatives & visite more states & came back with in my time (i.e with in 4 months) after that I went back again in 2014 & again got entry for 6 months like I went in Feb2014 mid & came back in starting of July (I.e not even 5months completed. So this year I applied for my 3years old son visa as we wanted to take him to Disney world as for his birthday present . We were called for the interview ( the officer was so rude & rough) he asked me why I for so long twice & I told him that first time I wanted to see the places & second time my uncle was sick so I went to see him . But still cancelled my visa but my visa is still valid & my son did not get the visa too . I’m so pissed of with that officer that I feel like sue him up in the court.
    Can u help me in getting my visa back ?is there anyway I can get it back?

    Reply
    1. Vahe Mirzoyan

      Hello Shan. It must be extremely frustrating to have that happen. Visitor visas are one of the most difficult to obtain, especially for the US, because the reviewing immigration officer needs to be 100% certain that you will be returning home after your visit is over. We have been practicing immigration law for over 18 years, we have successfully dealt with situations like your many times. I am going to recommend that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
      1. Shan

        Hi vage thnx for ur reply I did mistake in writing above . I mean to say he has cancelled my visa but my wife visa is still valid.. So is there any chance I can still get my visa back ? & can u tell me what’s the timing of ur office to call ?

        Reply
        1. Vahe Mirzoyan

          Yes Shan. That is what I understood. We can help you get your Visitor Visa so that you can join your family. Our offices are open from 9:00 to 17:00 Toronto Canada time. We are looking forward to hearing from you.
          Regards, Vahe

          Reply
  7. Amarnath

    Hi,
    I am a Indian national & have a valid B1/B2 visa until FEB2025, in march 2015 I visited US
    on this visa but overstayed for 2weeks than the permitted one month stay by CBP officials as I did not realize that before.
    Will it be an issue if I travel on that visa to US in next couple of months for the same purpose as my last visit.?
    Please guide me on any procedure to follow for visiting US in next couple of months.

    Reply
    1. Vahe Mirzoyan

      Hello Amarnath. Thank you for writing to us. It is very stressful when you know that you have overstayed on your visa unintentionally. Your overstay may be challenged but it should not render you inadmissible. An Immigration Entry Package may be helpful for you. It would be prepared by our immigration lawyers and it would explain the circumstances of your overstay to the border officers in case you are challenged. If you are interested in this, I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  8. PD

    Hi,
    I wanted to discuss a case of my close friend (Ravi) who had been to US on a C1D visa (in Sep 2001) to work on a cruise ship. Ravi went for a 2 months’ break & came to US (in Jul 2002), instead of boarding a ship, he stayed back on land. He worked for a local entrepreneur who agreed to sponsor for his green card, the case was on going. Apparently, after 2 years of wait & no progress on the case, Ravi came to his home country in Aug 2004 for good. He has been leading a successful life since then & got married about 9 years back too. Ravi is now established & owns a decent job, house, assets & takes care of his old aged parents. Ravi’s elder brother (US Green Card Holder) is inviting Ravi & his wife to US on vacation. Ravi is the only person in the family who hasn’t visited US since 2004, his parents have visited their elder son at least 3-4 times in past 10-12 years and his wife visited once to meet her elder sister in 2007.
    Ravi is skeptical & not sure if the US immigration department will grant him a visa for an overstay he did 12 years back. Please share your opinion on the case & suggest on what steps Ravi should take to get the visa.
    Regards,
    PD

    Reply
    1. Vahe Mirzoyan

      Hello PD. Ravi is justified in being concerned. His overstay will be a problem. He must get a waiver to get back into the US. I am going to suggest that you contact us as soon as possible to make an appointment to talk with one of our immigration professionals who will be able to plan a strategy for Ravi. We have been practicing immigration law for over 18 years and are considered to be experts in exactly Ravi’s situation. To make an appointment, you can call us at 1-855-886-8472 or you can book an appointment directly online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  9. Mani

    I have been over staying in us from 9 months on F-1 visa ,now I am planning to leave U.S permanently and go Canada with valid tourist visa from Seattle to Vancouver by car .
    1.At the Canada port of entry will they check my US overstayed record or not ?
    2.If they found my overstayed history ,will Canada port of entry allows me to enter Canada (bcz I have valid canadian tourist visa )?
    3.Will I have any exit record at us port of entry or at immigration ?
    I have no intention to return to us in my life .
    Plz help me finding answers to my questions .

    Thanks in advance ,
    Mani

    Reply
    1. Vahe Mirzoyan

      Thank you for writing to us Mani. Overstaying on a visa is a serious problem. An immigration officer will think that if you have done it before, you will likely do it again. You will certainly be asked these types of questions at the Canadian border. Just because you have a valid visitor visa, it does not give you the absolute right to come into the country. The border immigration officer has the final say in all cases. You need professional legal help to prepare an entry package that will explain your entire situation to the Canadian immigration officer, so that they do not have any doubts about your intentions. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm Make sure that you mention that you need an Entry Package.
      Regards, Vahe

      Reply
  10. Omer Bhatti

    I went to usa onb1/b2 visa in 2005 , then transferred my visa to L1 , then applied for permanent residence in 2008 and got rejected , then appeal on that again same decision , I left the L1 status before anyway and now my permanent residence declined it means I got overstay but after my appeal rejected in 2009 I came back to my country Pakistan me and my wife with son left usa , my son is a usa citizen but he was only 7 yrs then now it’s been 7 yrs I left usa and want to re – apply usa visit visa again so should I write on application also when I came back I had mortgage and car loans and some credit card payments to be make but I left everything there like that not paid or cleared . So would I get the visa or because I ruined my credit will hurt my applicatio as I will write my social security no as well on application it’s been 7 yrs now .

    Reply
    1. Vahe Mirzoyan

      Thank you for writing to us Omer. You have a very complicated situation with a lot of moving parts. Every rejection and denial stays on your permanent record and will be questioned by the immigration officers that are reviewing your applications. So that you do not make a mistake on your application that would jeopardize your chances of success, I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you and your family. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  11. Takeya Lynn

    Hello,
    My cousin called me last month advising that she wanted to visit from Jamaica I allowed her to come visit me. Early this month she advised me that she was not going back to Jamaica, which I called immigration and informed them they notated my call and said that they could not do anything because she was granted till the 2/29/16 to be in the country. I am born USA citizen and recently submitted a K1 Visa for my Fiancé that leaves in Jamaica. If I knew her intention were to come to the USA and not to return back I would never allowed her to visit me. I came home yesterday and she was gone from my house. She has until 2/29/16 to return back to Jamaica, which it appears unlikely she will be returning. How will this impact my K! visa for my fiancé. I am going to contact immigration this morning to let them know she left my house. What else do you suggest I do and will this have an impact on my fiancé coming to the USA by me?

    Reply
    1. Vahe Mirzoyan

      Hello Takeya. Thank you for writing to us. It is terrible when people use your generosity and then affect your future life. Your cousin’s actions may be questioned when your K1 visa is being looked at. I am going to suggest that you contact us to make an appointment to talk with one of our consultation professionals who will be able to review all the detail of your situation and recommend a strategy to ensure that your fiancee is not affected by your cousins actions. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  12. Annie

    My parents applied for me for a green card in the us and i was denied because of my age. I am a canadian citizen and i stayed in the us for 3 years after the denial and moved to canada for the last 7 years. I regularly visit the usa and i have no problem at custom. I am married to a us citizen and is applying for adjustment of status in the us. I fully disclose in my I130 app that i was previously under immigrstion proceeding and was denied.Can my overstay impact my greencard now.

    Reply
    1. Vahe Mirzoyan

      Hi Annie. Thank you for writing to us. Everything that you do that involves immigration either here or abroad can have an influence on your future immigration goals. The most important thing is that you do not hide any information when asked. Everyone has something that if not properly explained in context, might appear to be a red flag to an immigration officer. It sounds like you are already well underway with your greencard application. If you still need help with your applications to make sure that you are not making any mistakes, and so that you will have a legal team taking care of all your matters, then please contact us to book a consultation with one of our immigration professionals. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
      1. Annie joseph

        Thank you for a quick reply, i will definitely consider the service of your firm , i am just waiting for an aswer from thr visa place. I had my interview last week and they want to investigate a little more. My worry was that i ve been able to travel back and forth to thr USA without any problem for the last 6 years. My overstay was in 2006 but Can they stop me now and bar me for 10 years

        Thanks

        Annie

        Reply
        1. Vahe Mirzoyan

          Hi Annie, Unfortunately they have the authority to go back in your history as far as they want, and can use that information to establish a concern about your integrity. If the reasons were properly explained then you should not have a problem.
          Best of luck, Vahe

          Reply
  13. Julie

    I went to US in Augusts/2015 and I left there January 16/2016 based on tourist visa(b2) and I want to go back there after 3 weeks of my departure for a business purposes.. Will I be allow to re enter US without any stress or should I go with my business documents to back up my point.. Your reply will be very appreciated.
    Thanks

    Reply
    1. Vahe Mirzoyan

      Thank you for writing to us Julie. You did not mention which country you are a citizen of, that may be of consequence. Bringing business papers will not necessarily remove the immigration officer’s suspicion. I would suggest that you apply for a B-1 Temporary Business Visitor visa. This will make sure that you do not have any problems at the border. If you want professional help so that nothing goes wrong with your application, please contact us to make an appointment to talk with one of our immigration professionals. You can reach us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  14. Pere

    Hi,
    I have question about staying in U.S. on visitor visa. So on airport immigration officer gave me a stamp on my passport 02 March, but I have to stay in U.S. until 18 March, I’m here on basketball developing program and it finishing in March 18,and my flight to back home is on March 18,I bought ticket in both direction before I came here(I came on September 21,2015).I want to extend my I-94 until March 18. So from September 21 to March 02 is 164 days, and max allowed stay in U.S on B1/B2 is 180 days, right? So should I just stay here until March 18 or extend visa for 16 more days? And if I need to extend I-94 how to do it?
    Thank you

    Reply
    1. Vahe Mirzoyan

      Thank you for writing to us Pere. Some I-94 visas can be extended, and some cannot. It depends on the category that you received your I-94 in. If your category cannot be extended, then you should leave by the date stamped on your passport. It sounds like this is something that you should get professional legal help with. If not handled properly, this will appear on your permanent record. If you would like, please complete this form for me http://goo.gl/RvRtRK it will give me the information that I need to be able to guide you through this.
      Regards
      Vahe

      Reply
          1. Vahe Mirzoyan

            Hello Ivan. An electronic I-94 will update its self automatically each time one enters the United States. The dates on an electronic I-94 and a stamp on the passport will likely never be consistent because CBP doesn’t always stamp the passport. Go with the date on the electronic I-94.
            Regards
            Vahe

            Reply
  15. raj

    a son of my friend came to usa on a student visa in 2001 and after a year in 2002 he changed the university but authority denied and was asked to deport. he was in a love with a girl so he stayed and in 2003 he got married to us citizen and applied for new status.
    but after a year he came to know that his wife had an affair with someone and was expecting the child during this period he had an interview from ins also. but his heart was broken so he left the usa.
    thereafter he went to other country completed his masters and got married and established himself.
    at presernt he is a uk citizen from indian citizen and it is more then a 10 year passed so can he visit usa under visa waiver program for 15 days holiday in florida.

    Reply
    1. Mira Freiwat

      Hi Raj,

      Thank you for your post. It is hard for me to determine his eligibility just based on the information you have provided me…but I would like to help you to figure out his options. Kindly complete this form for me Raj, http://www.visaplace.com/immigration-assessment/ as it will help me to not only learn more details about your son’s situation, but it will allow me to determine the best route for him to take. You will be contacted once it has been reviewed. MF

      Reply
    2. John

      I’m H1b visa holder and my spouse has 10 years ban. Is there any ways to waive it ? Could you plz help in this case .

      Best Regards,

      Reply
  16. Ruby de Gracia

    Hi,

    I went to the US in 2005. I overstayed and went back home to Manila in 2008. I am residing and working in Dubai now for 7 years and I am planning to apply for a tourist visa after the 10 year ban. What possible issues would I encounter and what are the chances of getting approved or denied with a visa?

    Thanks,
    Ruby

    Reply
    1. Mira Freiwat

      Hello Ruby,

      Thank you for your post. It is best if you apply for a Waiver with your B2 request to help supplement the application as well as appeal the decision on the 10 year ban, and potentially gain entry sooner. If you would like my assistance with this, please contact me at info@visaplace.com MF

      Reply
      1. Ruby

        Hi Ms. Mira,

        Thank you for your reply. Am I eligible to apply for a Waiver? What type of waiver? Since I am residing in Dubai now, would you by any chance recommend an immigration adviser who I can consult personally? I wouldn’t mind seeking your advice though 🙂

        Thanks again,
        Ruby

        Reply
        1. Mira Freiwat

          Hello Ruby,

          Thank you for your prompt reply. For a matter like this, you would need to seek Legal Council to increase your chances exponentially of approval. Please complete this form for me as it will provide me with all the details I need to advise you accurately http://www.visaplace.com/immigration-assessment/ and I will contact you once I’ve had the chance to revew it! MF

          Reply
  17. safwen joones

    Hi first of all i got a visa with 10 years but i overstayed 9 month not a one year yet i left because one day imigration they come to ask about me but they didnt found me so after that i decide to go back home . i was scarred to get deporation . i would like to know if i still able to go back to usa or i have to apply for new visa ? is still any change to go back there cause all my records are clean i have no crime no nothing .

    Reply
    1. Mira Freiwat

      Hello Safwen,

      Thank you for your inquiry. I have met and helped many clients before that were in a similar situation to yours be able to regain entry into the US with the proper Visa. Complete the form that I have attached http://www.visaplace.com/immigration-assessment/ so that I can learn more about you and your case, and I will contact you once I have reviewed it. MF

      Reply
  18. Andrea Lopez

    I am a Filipino citizen when I overstayed in the USA for 6 years using a tourist visa. Now I am Canadian citizen, can I enter USA again using my Canadian passport without a waiver?

    Reply
    1. Mira Freiwat

      Hello Andrea,

      Thank you for your post. I recommend that you apply for a Waiver first and await the response because there is still a good chance that you will be turned away without one. MF

      Reply
  19. Benjamin

    Hello
    I overstayed my US visa for 2 years and now want to apply for Masters degree in Canada. I assume while obtaining Study Permit from Canadian consulate they will probably do background check. Do i have to send to Canadian consulate FBI record from US for my security clearance ? Any advise ? What i have to do to get a Canadian Study Permit

    Thanks
    Kind regards

    Reply
    1. owen

      Hello Benjamin,

      First you will need an offer of admission from a Master’s program in Canada. You may not be required to disclose certain past information which may be unhelpful to you, and we can certainly help guide you in regards to this. We would be happy to help you study in Canada, and once you fill out our free online assessment form, one of our immigration professionals will be in touch with you shortly http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  20. DANIEL

    HI,
    I came to the US on seaman visa (Feb 2007) but i landed and i worked illegally in various places and i was arrested (Aug 2008) in Chicago in a Convenient store for shop lift under 300$ and my case was expunged in early 2010. After that i took an police clearance certificate from FBI that says NO RECORD FOUND, but i left the country on April 2012 without any issues.
    But i applied for B1/B2 visa with another national passport bu my visa was denied because of my overstays in the past more than 5 years, so i am in 10 years ban since April 2012 so how can i get waiver of inadmissibility to the USA since i am not spouse of citizen or PR or anything? please advise me!
    Thanking you,
    Daniel.

    Reply
    1. owen

      Hello Daniel,

      Thanks for the question. We help many people obtain waivers and then subsequently enter the US, and you should definitely seek the assistance of our experienced lawyers as you will have to demonstrate that you don’t pose any sort of danger to the United States and that there is a compelling reason that you should be permitted to enter. Please see http://www.visaplace.com/usa-immigration/denied-entry-to-the-usa/ for more information.

      Regards,
      Owen

      Reply
  21. dave

    i arrived in usa 2011overstayed by 2yrs , meet a loverly lady during my 180days, so decided to stay,. had to come home because a family matter now cant get back because of a 10yr ban , but we wanna marry . . . can i visit to marry or can she visit here to marry on a certain type of visa. miss my lady , she visits me when she can . . . can i visit on a visitors visa ?

    Reply
  22. cintia

    Hi there,

    I need to know whether I can return to the USA after overstaying my turist visa. I entered USA in 2000 as a turist and stayed for 4 years, I had 2 children there and decided to came back to my country of origin since I could not get a legal permission to stay. I am in my country now and after 10 years I want to apply to a visa but I wonder how my previous situation will influence, what can I do ?
    Thanks!

    Reply
  23. Oko

    Dear lawyers,

    I visited USA in2003 with b1 /b2 visa with 3 months entry. I applied for extension while i was in the States, but had ot received a respond. Just a week before my entry permit ended i gave birth and could not pay my hospital fees. I returned to my country 3 months later than my entry permit allowed me to stay in States. My visa was valid for 10 years, so i wanted to visit USA once gain, but was returned from the border.

    I also applied for a business visa in 2 years, but got rejected.

    1. Does it mean i overstayed inthe USA even though i had applied for extension of entry permit?

    2. Is it my overstay a problem for me to apply for another visa to USA?

    3. Or, isit the fact that i gave birh on business visa and could not pay the fees?

    4. What should i do now? Can i submit waiver of inadmissibility? Should i pay the hospital fees now?

    My husband is in the USA on a student visa since a week aho. I ould like o join my husband in the USA. Please advise me. Thank you very. Much. Oko.

    Reply
    1. owen

      Hello Oko,

      If you were in the U.S. without legal status at any point in time that would mean that you overstayed your visa. An overstay would definitely be problematic if you wanted to re-enter the US, and you should definitely seek the advice of one of our experienced lawyers who would be able to assist you in completing a successful waiver. Please refer to http://www.visaplace.com/usa-immigration/denied-entry-to-the-usa/ for more information.

      Regards,
      Owen

      Reply
  24. Piya9

    I ended up staying 4 days more than the date on my stamp for B1/B1, due to one family friend’s illness and flight ticket unavailability during the new year rush dates. Its been 7 months and I wish to re-enter. I sent an email to the consulate asking if my visa is void, and they replied that I can travel as long as I have the visa but it is not a guarantee of entry. I am not sure if I should re-apply for the visa as they didn’t say it is void. Should I travel?
    Should I go to the embassy in person, apologize and state my reasons and clear the situation?
    I am very confused. Please help

    Reply
    1. owen

      Hello Piya,

      Thank you for the question. If you overstayed your visa, then that visa is normally considered to be void by immigration officials, and it may be necessary to apply for a Waiver from a US consulate prior to attempting to enter the United States. This is something we can definitely assist you with, as we have helped many of our clients successfully obtain waivers in the past. Please do not hesitate to contact us if you have any further questions.

      Regards,
      Owen

      Reply
  25. Olga

    Hi Michael

    I had a B1/B2 visa which was issued in 1997. I was sent by my employer for training and arrived in the U.S. on October 12, 1997. My I-94 was stamped at the port of entry and was deemed valid until December 30, 1997. After one month my employer and I decided to change my B1/B2 to Student Visa. I applied for visa in November, 1997. It was not easy as I though.
    I was denied when I applied US student visa. Re- applied second time and received my file number. I had been waiting for my student visa to be answered for 3 years. Nothing! All I heard: “Your case number is still pending administrative processing.” In 2001 I left the U.S. before decision was made. In my case I overstayed in the US for 3 years and I am subject to an automatic 10 year bar.
    In 2013, I got Canadian citizenship. My 10 year bar is over. If I present my passport as a Canadian, will it automatically say that I have a ten year bar from 2001? What is my chance to re-enter the US as a visitor? I am on long-term disability in Canada.
    Sincerely
    Olga

    Reply
    1. owen

      Hello Olga,

      Thank you for the question. Once your 10 year bar is over, then you will not be inadmissible to the US on the basis of any previous immigration violation. As long as there are no additional factors that would make you inadmissible at the present time (i.e. you don’t have a criminal history) then you should be able to enter the US using the normal visa options that are available. Please fill out our free online assessment so that we may help you fulfill your goal of entering the US http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  26. Rick

    Hi,

    I went to US in 2005 with my girlfriend. We got married there, had 2 kids, and return to our born country in 2011. We had different passports, and my wife different name because of our marriage. We didn’t gave our I-94 back. Now I know that even if they don`t have our return date, they will see no returning date, and that will raise red flags. My question is, what should I do now if I want visit US?? I need to apply for a new visa, should I apply for the waiver of Inadmissibility first??? If I’m extremelly lucky and get a visa, will I be able to go with my kids(US Citizen) ??

    Thanks in advance..
    Rick

    Reply
    1. Michael Niren Post author

      Hi Rick
      This is a complicated situation. If you came to the US as a visitor and did not have long term status, you then overstayed which means you could be subject to a Bar. If this is the case you may need a waiver of inadmissibility. You can contact our US Visa team for help.
      Best
      Michael Niren

      Reply
  27. Damir

    Hello

    I did overstay around 9-10 month by j-1 visa, which I do regret of course, in 2010. Soon my 3-year ban expires, I would like to apply for tourist visa currently working at well-enough payed job, thus I have the following questions:

    1. Counting overstay period, does only illegal stay counted as overstay or it regards the whole time of staying in the US including that of legal?

    2. What are my chances if I would apply right upon expiration of 3 years ban?

    Thank you

    Reply
  28. my

    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

    Reply
    1. Michael Niren

      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

      Reply
  29. Csaba

    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

    Reply
  30. Csaba

    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

    Reply
    1. Michael Niren

      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

      Reply
  31. Daniele

    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

    Reply
    1. Michael Niren

      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

      Reply
  32. Pablo

    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

    Reply
    1. Michael Niren

      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.

      Reply
  33. Laura

    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?

    Reply
  34. MEL

    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!

    Reply
  35. chris

    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

    Reply
    1. Alicia Kim

      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.

      Reply
  36. silje

    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?

    Reply
    1. Alicia Kim

      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.

      Reply
  37. S.R.

    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?

    Reply
    1. Alicia Kim

      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.

      Reply
  38. Kayla

    If you overstay in the US (Canadian Citizen), and you leave by Car to Canada, would US immigration know when you left?

    Reply
  39. Janine

    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.

    Reply
    1. Alicia Kim

      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.

      Reply
  40. Kate

    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?

    Reply
    1. Alicia Kim

      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.

      Reply
  41. Rahul

    Hi,

    I overstayed my F1 visa by over a year in 2008. I was caught in 2009 and opted for voluntary departure. I left the country and went back to India in 2010 within the time given to me to leave.

    I recently started a business and it is growing rapidly. We already have over 30 employees and we are sourcing a lot of our products from the US.

    Will I be able to apply for a B1 visa? I am planning to go to the US in August for business. Money is not a problem and the business is very successful. Also the business requires me to travel to the US for a few business meetings crucial for the success of the business.

    Also, Do I have a 10 year bar overstaying on the F1? My I-94 had D/S mentioned on it. I left within the time frame allotted by the immigration judge.

    What are my chances to get a B1 visa or even a tourist visa in the near future? Would I have better chances if I wait longer since it has only been about 6 months since I left the US?

    Also in the coming years we will have an office in the US and will be employing US citizens to work for us there. Will I qualify for an investors visa in the next 1-2 yrs?

    Reply
    1. Alicia Kim

      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.

      Reply
      1. Rahul

        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.

        Reply
        1. Alicia Kim

          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.

          Reply
  42. Rafael

    Hello,

    I overstayed in the U.S. in 2000 (I entered as a visitor, but remained there to get my Bachelor’s Degree). Today, I got admitted by a school in California where I wish to complete my Master’s Degree.
    Can I apply for an F-1 visa?

    Reply
    1. Alicia Kim

      Dear Rafael,

      Since you overstayed in the U.S. for more than 180 days, you are subject to a 10 year bar. So, you should apply for a Waiver together with an F-1 visa.

      Thank you.

      Reply
  43. Pavel

    Hello,

    I overstayed in the U.S. for more than 365 days in the past and, as a result, am subject to a 10 year bar. I have a daughter who was born in the U.S. She is a U.S. citizen. Is there any way that I can return to the U.S.?

    Thank you.

    Reply
    1. Alicia Kim

      Dear Pavel,

      If you are subject to an overstay bar, you need to apply for a Waiver of Inadmissibility to the US (I-192) and be admitted despite your overstay in the US. Also, depending on your nationality, you may also need a visitor visa to visit the US. Please note that when you apply for a U.S. Visitor’s Visa, you will have to disclose your travel history to the U.S. on the forms and you have to disclose every thing to the best of your knowledge including your overstay.

      Hope this helps.

      Reply
  44. Jiebo

    Hi!

    I am a permanent resident here in Canada and within the next two years I will be a Canadian citizen.

    I have a ten year bar in entering the USA. But, is there a possibility for me to re enter the USA without being question by CBP? If I present my passport as a Canadian, will it automatically say that I have a ten year bar? I know that changes in citizenship do not remove the bar but what I want to know is how they can say that I have a bar if I have a Canadian passport and not my previous passport from my country of origin.

    Thanks,
    Jiebo

    Reply
    1. Alicia Kim

      Dear Jiebo,

      The border officers will know regardless of the change in your citizenship. So, when a border officer asks you about your overstay in the U.S. or your 10 year bar, you should not try to hide it. Otherwise, you will have committed misrepresentation and become inadmissible.

      Reply
      1. Jiebo

        Hello,

        Thanks for addressing my inquiry. So, what would be the solution to my problem? My mom is in California. She is a permanent resident in the U.S. and now 74 years old. What are my chances if I apply for a Waiver? I really miss my Mom and wanted to visit her so bad.

        Thanks.

        Reply
        1. Alicia Kim

          Dear Jiebo,

          Your solution would be to apply for a U.S. Waiver. However, if you have a reason to visit your mother urgently, you may also apply for a Humanitarian Parole. A Humanitarian Parole may be an expedited means for entry to the U.S. if you have strong humanitarian grounds for entering.

          Thank you.

          Reply
  45. Tsholofelo Khothule

    Hi,
    I went to the U.S. in 2000 when was ten years old in order to stay with my Mother. Obviously, I had no clue about the immigration laws at that age. I only found during my high school years that I was an illegal immigrant. I came back to South Africa hoping to start the process over. How badly will this effect my chances?

    Reply
    1. Alicia Kim

      Dear Tsholofelo,

      There is an exception for minors to the rule which imposes a ten year penalty barring re-entry into the United States of aliens who overstay their visa for one year or more. Under the rule, no period of time in which an alien is under eighteen years of age shall be taken into account in determining the period of unlawful presence in the United States. So, if you left the U.S. before you turned 18, you should be okay.

      Reply
  46. Vincent

    Hello,

    I came to the US as a dependent when I was 12 years old as a depended of my Father who was sponsored by a company under a work visa. He then left the company which in turn revoked his visa. We both overstayed and now have a 10 year ban. Five years ago in 2005 we immigrated to Canada and are now Canadian citizens. I applied for a US waiver in April 2010 since my Canadian employer will require me to travel back and forth from Canada to the US and have not heard back yet.

    Questions:
    1) How long does it take to obtain the waiver?
    2) What are the key elements that DOH looks for in order to be approved for a 1 year or 5 year waiver?
    3) Do I still need a waiver in 2015 which is the end of the 10 year ban?
    4) How do I permanently clear my name or get a US pardon since it was not my fault that I have overstayed as I was a minor then?
    5) When I receive my waiver, do I immediately show it at the US border to cross or just have it handy in case they ask for it?

    Thanks,
    Vincent

    Reply
    1. Alicia Kim

      Dear Vincent,

      The processing time for a Waiver is between 6 to 9 months. So, it is recommended that you apply well in advance of your scheduled trip.

      To apply for a US Waiver, you must first obtain a police clearance. Also, a personal statement concerning the circumstances surrounding your prior overstay in the U.S. should be prepared. Supporting documentation typically includes information relating to ties to Canada – i.e. your family in Canada, employment, and assets. It is also recommended that 3 character references be included.

      After your 10 year ban has passed, techinically you should not have to apply for a US Waiver. However, sometimes CBP Officers are asking Canadians with 5 year bars to apply for US Waivers despite having waited the 5 year period. The reasoning behind this practice is that these applicants have an immigration history and as such there are concerns about their credibility as genuine non-immigrants (visitors).

      Hope this helps.

      Reply
  47. Alex

    Hi,

    I applied for Canadian PR Card in 2007. Unfortunately, my application was refused. Can I re-apply for PR Card or is my previous refusal going to negatively affect my chances?

    Also, would I qualify for an investor visa?

    Thanks in advance

    Reply
    1. Alicia Kim

      Hi Alex,

      When your application for permanent residence was refused, you could have appealed the decision to the Immigration Appeal Division (IAD) in Canada within 60 days of receiving the refusal. Normally, people can further appeal IAD’s decision to the Federal Court of Canada.

      The investor class is defined as any individual who has successfully operated and controlled business outside Canada, have a minimum net worth of $800,000 as well as make a minumum investment of CAD $400,000.00 in Canada for a period of five years.

      Thank you.

      Reply
  48. salma

    Hi, my husband is a canadian citizen. He entered the US on Nov 8th 2009 and departed on April 8th 2010. He re-entered the US on May 13th 2010 and his passport was never stamped. He only has one B1/B2 stamp for the first trip.

    We are about to have a baby and his 6 month stay will be over in nov. Please suggest what should be done. Should he take a trip to canada and come back or should he leave for good.

    Reply
      1. salma

        Thank you for replying back. Can he re-enter the US and get a new B1/B2 visa or shoudl he apply for the visa extention.

        Reply
        1. Alicia Kim

          Dear Salma,

          An extension on your B1/B2 will be given usually for the duration you ask for. However, the maximum duration for extension you can ask for is 6 months. Please file a request with U.S. Citizenship and Immigration Services on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires.

          You can arrive in the U.S. right up to the last date of validity indicated on the visa. Just ensure that you do not overstay the period.

          Hope this helps.

          Reply
  49. Raman Singh

    Hello, I am an overstay in the U.S. since 2003 (I came during high school years and now I have a Masters) and I am planning to go to Canada. Can I re-apply to US with a visitor’s visa for work purposes? Can I apply for a Waiver while I am in the U.S.? Can I apply for a waiver if I have to travel back and forth for work only?
    Thank You.

    Reply
    1. Alicia Kim

      Hi Raman,

      Being an overstay in the U.S. this long will trigger a Bar. When you apply for a U.S. Visitor’s Visa, you will have to disclose your travel history to the U.S. on the forms. Therefore, you will need to apply for a U.S. Waiver as well to be admitted to the U.S. given your overstay.

      You may apply for a Waiver while present in the United States.

      Reply
  50. kulsoom

    Hi I have a question. I over stayed in the US for 8 years but the US Consulate did not stamp in my passport. Does the 10 year bar apply?

    Reply
  51. ENRICO

    HELLO,
    I came to the US in 1998 with a B-1 visa and overstayed until 2001. I went back home in the Philippines, but wasn’t issued a bar. I used travel documents instead of my passport which I lost, but all the information I used were the same. I wasn’t questioned and I wanted to apply for a US visitors visa. I am now a permanent resident of CANADA and wish to tour US with my kids. Can I?

    Reply
    1. Michael Niren

      Hello
      Since you overstayed for over 1 year you are subject to an automatic 10 year bar whether you were “issued” one or not. You would require a US Visitor Visa (as a Canadian permanent resident) AND a US Waiver to be admitted back into the US.

      Reply
  52. manda

    Hello Michael,

    I entered the US in Feb, 2002 with F1 visa. I had been studying for 2 months and quit school in April, 2009. I then returned to my country in Nov, 2003. Now I’m intending to apply for a US tourist visa to visit my sister. She is US PR. Can I get a US visa again? Even If I could get it, can I cross the border with that visa? Should I disclose my overstay at B1 visa application form?

    Reply
    1. Michael Niren

      It is not clear from your question about the length of your overstay. You could therefore be subject to a 3 or 10 year bar depending on the circumstances. You can apply for a US tourist visa but you would likely require a US Waiver as well. If you fail to disclose your overstay you could get a 5 year bar for misrepresentation.

      Reply
  53. Rahul

    Hi There,

    I have a question. I went to the US in 1997 on a vistor visa then got the visa and changed it a to student visa in 1998. I stopped going to college in 1999 and then in 2001 it got married to a us citizen. I received a US work permit but never went for my finger print date for the Green Card. I then left the US in 2004. I do not know where my EX is. Can I still go back to US?

    Reply
    1. Michael Niren

      Since you did not proceed with your Green Card application and then left the US, you have effectively abandoned that application. If you overstayed your status in the US (which is not clear from your question), you may need a Waiver to return. Also depending on your nationality, you may also need a visitor visa to visit the US.

      Reply
  54. Michael Niren

    Hello
    You can declare them as overstays generally as such is not considered a criminal offense and therefore will not render them inadmissible to Canada. However, you should seek legal advice in order to handle this properly.

    Reply
  55. Michael Niren

    The fact that your family overstayed in the US won’t necessarily impact on their eligibility to apply for Canadian immigration. Of course I would need further details to determine this.

    Reply
  56. Amy Lee

    Hi, I have a question.
    My mom overstayed 24 years ago when I was born in US. She was on her 5 year multiple back in 1985 They didn’t deport her or anything. She went back to Hong Kong with me when I was 10 months old. For 24 years, she never reapplied for another travel visa. Recently, she tried to apply for B2 visa and got denied. The officer said because she had a US citizen daughter in the US currently and they think she would overstay this time again or even live in the US. I’m very upset that my mom could not attend my graduation this coming May because they don’t grant her a visa. What should we do? Can she try to reapply? Isn’t the 3 year bar or 10 year bar already passed? Appreciate for your help, thank you.

    Reply
    1. Michael Niren

      Since you mother was an overstay, she is subject to a 10 year bar as discussed. Even if the time for the bar has elapsed, she has an immigration history and as such a waiver application should be filed. Once approved, she can apply for a visitor visa to the USA

      Reply
  57. Tae

    Hi. I came here in the U.S. with my family in 2001 as a tourist, but never went back to my country. I would like to know if there is any other way aside from getting married for me to be able to get legalized, like through an employment or something. And if ever Igo back home, what are the chances that I can come here once again. Thanks.

    Reply
    1. Michael Niren

      As an overstay in the US, you are subject to an automatic bar. You would therefore require a waiver to re-enter the US. If you apply for an employment-based visa like an H-1B visa, you can do so from outside the US, but you would need an approved waiver to be admitted again.

      Reply
  58. Diana

    Dear Michael Niren

    I came to USA in 05/2001 with a Visitor Visa and got the entry for 6 months. I overstayed there until 05/2004 with my two daughters, when we moved to Canada, I am now a canadian PR and I’ve lived here for 5 years now. Since the holidays are coming , we would like to apply for a visitors visa to visit my sister who’s a permanet resident and her husband a US citizen. What are the probabilities of getting accepted? Does it help if my family writte an invitation letter? Can US banned us for overstaying? if so, for how long and if I become a canadian citizen will I steel be banned?

    Thank You!

    Reply
    1. Michael Niren

      Hello,
      Being an overstay in the US that long will automatically trigger a Bar. When applying for a US Visitor Visa, the form asks for your travel history to the US and you must disclose it. You therefore may require a US Waiver to be admitted to the US given your overstay. Becoming a Canadian citizen does not change things–other than the fact that you do not have to take the additional step of applying for a visitor visa.

      Reply
  59. Michael Niren

    Hi Krystal
    You have a complicated immigration problem. In order for you to be admitted to the US, you will have to apply for a US Waiver of Inadmissibility to overcome your Bar. Assuming your husband is a US Citizen, his income has to be sufficient in order to Sponsor you. I would contact a lawyer to assist you in this case.

    Reply
  60. Krystal

    I have a question. I have a 10 year bar for over staying in the US. I was brought to the USA when I was 12 years old from Canada. I am in Canada now but I am married to a US citizen and I want to see my husband again in the US. Icame to canada to see my family and when trying to go home to my husband I had a 10 year bar put on me at the Border. How do I resolve this so I can be with my husband? My immigration paperwork was denied in 2005 due to the fact my husband did make a lot of money so now how do I lift the bar and do my paperwork so I can be with my husband?

    Reply
    1. rhea

      Hi Krystal

      I’m in the same situation as you were. I need to know if you have successfully made your way to the U.S. I have four children born in the U.S. but are currently with me outside the U.S. Please advise me on your experience.

      Thank you

      Reply
      1. Alicia Kim

        Dear Rhea,

        If you are subject to a 10 year bar for over staying in the U.S., you would have to apply for a US Waiver of Inadmissibility to overcome your Bar. If your spouse is a U.S. citizen, your spouse may sponsor you. To do so, your spouse needs to have sufficient income.

        Hope this helps.

        Reply
        1. Silvya

          hi!
          does that mean if I’m passed with 10 yr bar, I don’t have to apply for US waiver..? I have the same case, I had to overstay in the US in order to wait for canada PR to be granted, which was over a year of overstaying. but I have previous 4 visa history of visiting US without overstay. this is my 8th year of being in canada but I do need to accompany my US citizen athlete son to compete accross border (only 2 days).
          Do you have any tips? I was gonna just go ahead and make appt for request a visitor visa, telling the truth. What is the worst thing could happen if they found out that I overstayed in the past?
          I have a strong proof that I would come back here (would not overstay or even stay more than 2 days).
          Thoughts?
          thanks!
          S

          Reply
  61. Michael Niren

    You are welcome.
    It is really up to you as to whether you wish to wait until you become a Canadian. Please note that being a Canadian citizen does not remove the 3 bar itself. However as you may know, Canadian citizens do not require US Visas to enter the USA and as as such you will not need to apply for a US Visitor Visa to enter the US.

    Reply
  62. MS

    Thank you Michael Niren for the answer. As I came to US in 2001 got the entry for 6 months then I got it extended for another six months, after that I stayed till May 2009 in US, then came to Canada as PR.
    Should I wait for 3 years to become a Canadian Citizen or I should apply for US visa.

    Reply

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