I entered with a b2 visa; I overstayed. I am an opera singer and I would like to be sponsored through n O-1 visa.

Asked over 1 year ago - Wappingers Falls, NY

Can I still qualify for an O1 even if I overstayed my i94? Expired in September 2012.

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . How long overstayed? if more then 180 days, I agree with attorney Pogue.

    www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell:... more
  2. Christopher Michael Pogue

    Contributor Level 12


    Lawyers agree

    Answered . After 6 months of overstay (unlawful presence) you are barred from gaining O-1 status (or any other status) for 3 years. After 12 months of out of status (unlawful presence) you are bared for 10 years.

    You should immediately contact an attorney to mitigate the damage your overstay and unlawful presence may have caused. There are waivers you can seek, even if you are subject to the 3/10 year bars. However you should not seek these without the assistance of an experienced immigration lawyer, in particular one that has handled non-immigrant waivers of inadmissibility.

    Representing clients throughout the US and around the world: www.PogueImmigrationLaw.com (513) 549-4420. We cannot... more
  3. Christian Schmidt

    Contributor Level 19


    Lawyer agrees

    Answered . You will have to leave the U.S. and apply for an O visa once USCIS approved a visa petition on your behalf. You will be barred for 3 years from being granted the visa if you overstayed your admission for 180 or more days. However, the Consulate still has discretion to deny you a visa even if you leave prior to having accrued 180 days of unlawful presence. You should consult with an immigration attorney to assess your case.

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