Can a person who is already overstayed the I94 and a person who got in the us ilegally apply for a Non- Immigrant visa?

I have a few questions about non-imigrant visa. If I could aply for it while in the US. If I get it aproved Do I need to go to my home country to get the Stamp? Any chance to get the stamp without leaving the us? If you get the non-imigrant visa, can you also put members of your family with you on the same visa? Like your parents? Thanks a lot.

White Plains, NY -

Attorney Answers (1)

Craig Randall Shagin

Craig Randall Shagin

Immigration Attorney - Harrisburg, PA
Answered

No. You will not be given a change of status in the US. Further if you overstayed for more than 180 days you will not be allowed to re-enter the United States for 3 years; and if you overstayed by more than one year, for ten years. Exceptions only apply to extraordinary reliefs - - U visas for victims of crime; t visas for persons trafficked; S visas for criminal witnesses- - withholding of removal and asylum and a few other odd categories.

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