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Someone over stayed there visa Can they get another one 10 years later?

Denville, NJ |
Filed under: Overstayed visa

Over stayed Visa be 2.5 Years. Left the US on own in 2004. person is 81 Years old and in Good health. Can person apply and get a new visa to the US ?

Attorney Answers 4


  1. Usually almost never after what you described, but in this case, given the age, maybe the consul will have a heart (they hardly ever do, all they do is recite INA section 214(b), e en in their sleep..)

    The elderly gentleman will have to show (and prove) what is different now and might still need to overcome 214(b) immigrant intent presumption.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. He is subject to a ten year undocumented presence ban for his overstay which would have taken effect when he left the US in 04. The penalty should be up in 2014 in any case.

    This answer is for general information only and is not intended as legal advice regarding your specific situation. In order to assess your legal matter properly and obtain legal advice, you must contact an attorney directly. Provision of this general information does not create an attorney-client relationship.


  3. Yes, it is possible. It depends on what type of visa is sought, why and on other factors. A waiver may be required, but may be obtainable. Set up a consultation to review the situation in more detail.


  4. I couldn't answer this without reviewing your history.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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