Overstay student visa twice, now wants to return with work and for marriage. What are the legal barriers?

Asked over 3 years ago - 10044

I over stayed my student visa twice. First time by 6 months and the second time by 2 years cause of financial difficulties.

Now I have a job in my home land that will require me to travel to the US and my US Green card holder boyfriend and I plan on getting married.

What are my options, what are the pros of this and what are the cons, I'm just trying to hear what can be done legally to allow all this to happen.

Thank You

Attorney answers (2)

  1. Nicklaus James Misiti

    Contributor Level 19

    Answered . You will be barred from entering for two years. There is a possible waiver for this but it requires hardship to a US citizen and it looks like your spouse is a green card holder.

  2. Stuart Jonas Reich

    Pro

    Contributor Level 19

    Answered . Speak with an attorney to see if you really have a reentry bar.

    If you were on a student F-1 visa, very likely your I-94 card was marked "D/S" rather than with an actual expiration date. Overstaying a "D/S" I-94 doesn't build up unlawful presence (The type of "out-of-status" time that subjects you to reentry bars) unless there is a formal decision by an immigration officer or judge indicating that you are out of status.

    So, speak to a lawyer about whether you are barred - as well as on the appropriate type of visa on which to return and timing of your planned marriage (which, depending on the visa used, might conflict with the visa you use to enter if the marriage happens too soon after entry).

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