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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

Elmhurst, NY |
Filed under: Overstayed visa

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


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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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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.

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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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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