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Overstayed my visa In America. Leaved US 2 month ago, now I wont back to Amerika. What I need to do?

New York, NY |

Hello!

In 2003 I have arrived to America under visa F 1. Studied till 2007, I have papers from school. Since 2007 was illegally, I delayed the visa. For these 4 years I had one miscarriage, then I have married the illegal immigrant, haд given birth to the child (мы daughter 1.5 years), have divorced. In 2011 has left in the country, Latvia. I want to arrive to America. I know that I get under 10 summer interdiction for entry. What my chances?

1. Whether I can to receive the visa of the bride? I don't have groom in америке, but only the friend.

2. To receive a tourist visa? My friend in America is sick of a cancer and my daughter remained with friends in America (or it can help me only when she will be 21 year old?)

Thank you.

Now I have new biometrical pass, and I don't need to get visa. But theres is my finger prints, so I wont to go to America, but I' affrayd.

Attorney Answers 4


  1. Best answer

    Sorry to hear about your situation; not easy, and I agree with my colleagues that there is a great deal going on here and you need to consult an immigration attorney.

    One thing though: while normally an overstay of a year or more followed by leaving would subject you to a ten-year bar to coming back, you might not be subject to this. You say you were on a student visa - if you have evidence that you were admitted as an F-1 student for "duration of Status" ("D/S' marked on your I-94 card stapled into your passport when you had entered), you may not be bar-subject, because a person with this notation doesn't start to build up "unlawful presence" time to be subject to the bar unless there is a formal determination they are out of status from an immigration judge or officer.

    But, even if not subject to the bar, this doesn't mean it will be easy to get a tourist visa - you still need to prove the intent to return home, and this will be very tough with the earlier overstay.

    As my colleagues have mentioned, your daughter will only be able to petition for you when she turns 21.

    Good luck - and speak with a lawyer.


  2. So sorry to hear about your situation. You need to consult with an immigration attorney about your case. Since you were out of status for longer than 1 year, the 10 year bar may apply to your ability to re-enter since you left the US. It sounds like you want a K visa to be visa of the bride which has immigrant intent. A tourist visa is a non-immigrant visa. Yes, your daughter since she is a USC will be able to petition for your when she turns 21. You have a lot going on in your case. I would strongly recommend you speak to an immigration attorney. Feel free to contact my office. Good luck.

    Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an immigration attorney. Mr. Lorenzon can be reached at 216 573 7322 or at jlorenzon@lorenzonlaw.com.


  3. I agree with my colleague. You need to have an experienced immigration attorney guide you through the process so that the overstay is dealt with. The four year overstay has created an issue as to being barred from being able to return. To be able to visit your friend, you may be able to get humanitarian parole that can allow you to visit for a short period of time. If you get a friend to try to get a fiance visa that may be marriage fraud. You need to have an attorney provide you with your legal opinions under current immigration laws. Good luck.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

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