I overstayed for 6 months in US.because I was pregnant.but I have 5 year visa.if i go back to my home country,can I go back

Asked over 2 years ago - Elmhurst, NY

I have overstayed in the US for 6 months because I was pregnant. But I have 5 years visa.if I go back to my home country,can I go back to the US in 3 year?and should I renew / reapply my visa?

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . If you overstayed for more than 180 days, you will be subject to the three-year bar. You will need a waiver to return to the U.S. before then.

    Please see

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Kevin Lawrence Dixler

    Contributor Level 20

    Answered . I agree. However, it is unclear whether the U.S. Consular official will grant a waiver. It is also unclear whether the consular official will ever approve another non-immigrant visitor visa, again, based upon the violation. The visitor visa can be cancelled, but it is unclear whether this will happen. Yet, there are other long term consequences to leaving the U.S. at this time.

    More information is needed. If you are dating or married to a U.S. Citizen or greencard holder, then I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before you make a mistake.

    If you leave the U.S. but return to the U.S., then you can be disqualified from being petitioned, even if you are married to a U.S. Citizen. Waivers are often very hard to get as a matter of discretion. It will depend upon the examiner, but also the facts. This is why you need to know the consequences of a 180 day overstay. Also, what it means to your future.

    This is general information, not legal advice, and does not create an attorney client relationship.
  3. J Charles Ferrari

    Contributor Level 20

    Answered . If you overstayed by 180 days or more, your departure triggered a three year bar from the US. Additionally, your overstay will be a serious negative factor in applying for future visas.

    You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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