Do you think it's wiser if I stay in the US after overstaying my visa

Asked over 2 years ago - San Diego, CA

So, I'm about to finish high school. I came here two years ago on a tourist visa.

Now, i know that California Governor Jerry Brown signed a bill giving illegal immigrant college students access to state-funded financial aid. Do you think it's better if I just stay here rather than returning to my home country and apply for another visa?

Attorney answers (4)

  1. Gen Kimura

    Contributor Level 18

    3

    Lawyers agree

    Answered . You should return before your visa expires.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more
  2. Stephanie Scarborough

    Contributor Level 14

    3

    Lawyers agree

    Answered . You have a difficult decision to make. As a minor, you did not accrue unlawful presence. Therefore, if more than 180 days has not passed since you turned 18 you currently have no bar to reentry. With no bar to reentry you could conceivably return to your home country and apply for another visa. However, if you are over 18 and more than 180 days have passed you have a 3 year bar to reentry and if more than 1 year has passed you have a 10 year bar to reentry. These bars will make it difficult for you to obtain a visa to return without a waiver.

  3. Mary Carmen Remigio Madrid-Crost

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . If you came in as a tourist two years ago, are you now overstaying? If you depart after overstaying more than 180 days, you will trigger the 3-year bar if the total overstay is less than one year or 10-year bar if the overstay is at least one year.

    Mary Carmen R. Madrid Crost can be reached at the: Madrid Crost Law Group - (888) 466-4478; e-mail: mc@... more
  4. Elizabeth Clare Surin

    Pro

    Contributor Level 15

    Answered . It's never wise to overstay.

    An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended... more

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