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Renewing expired B1/B2 visiting visa?

Boston, MA |

I came here when i was a child, but my visa expired two years ago, can i still renew it? I am also engaged and have a child in the US. Should i bother renewing it or just file for the Deferred Action for Child arrivals?

Attorney Answers 5


  1. If you came to the U.S. when you were a child, your visa admission expired years ago. You and your fiance should consult with an immigration attorney in your area to find out whether you will qualify for Deferred Action and/or adjustment of status based on marriage. Good luck!


  2. You cannot renew your Visa after it has been expired for that long. You may be eligible for DACA, as you stated. Is your fiance a US Citizen? If he or she is then you could apply for your green card once you get married. Think about making a consultation with an immigration attorney to discuss your options. Good Luck!

    Massachusetts Immigration Attorney
    www.gagarinlaw.com
    508 455 4241
    Boston Consultations Available Upon Request


  3. Visa cannot be renewed; it has been expired for too long. Also, you may qualify for DACA, but that depends on your circumstances. Also, are you engaged to a US citizen? If so, there may be something to be done in that situation to help you.
    Consult with a local Immigration Attorney in confidence to get advice about your specific situation.

    Hope this helps and good luck,

    Law Office of Ilir Kavaja
    30 Newbury Street
    Boston, MA 02116

    617-515-5545
    www.KavajaLaw.com

    The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.


  4. Hi,
    If you're engaged to a US citizen and have your I-94 then you can become a resident after you get married based on an I-130/I-485 filing. If your fiance is not a citizen then that's a different issue.

    You can't renew an expired visitor's visa and there isn't enough information to determine if you're eligible for DACA.

    Definitely talk to a lawyer before you do anything.

    .


  5. This is a very good question and highlights a problem with visitor's visas. The date of expiration on your visa does not allow you to remain in the US for that period of time. It allows to to travel to the US during the validity - but - you must leave on the date stamped on your passport and I-94! If not you are an overstay. There amy be other ways to remain in the US, for example deferred action for childhood arrivals if eligible or you may be eligible for a green card if you marry a US citizen since you arrived legally. An immigration lawyer can advise you.

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