my friend has overstayed his b1 visa by 2 years and back to his home country, can he travel backt= to the U.S on the same visa and fill up the I-192 form.
The I-192 is the form completed for a nonimmigrant waiver of inadmissibility. This form is limited to Canadians applying for the waiver through U.S. Customs and Border Protection. Other applicants would not use this form, and instead would request a nonimmigrant waiver of inadmissibility through the U.S. consulate abroad.
Lisa Tehlirian, Attorney -- Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900 Fax: 248-519-9901 Email: firstname.lastname@example.org For more information about current issues and developments in immigration law, visit my blog: www.miimmigrationnews.com The information provided on my blog and Avvo is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.
I agree, but it does not appear that he will qualify for an unlawful presence waiver. He may consider what is known as a 212(d)(3). If he takes his chances and enters the U.S., then any attempt to eventually adjust status will be complicated by his unlawful presense. In addition, he runs the risk of being turnaround at an airport, that is, being found summarily inadmissible, among other things.
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before he takes any further action. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.
I agree with Atty Dixler.
(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.
DUI / DWI Attorney
No. The B1 visa was automatically revoked as a matter of law when he overstayed.
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