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

Asked almost 2 years ago - Denville, NJ

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. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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... more
  2. Eric M. Mark

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.

  3. Cassandra Ann Rodriguez

    Pro

    Contributor Level 11

    5

    Lawyers agree

    Answered . 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.... more
  4. Yolanda Navarrete

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more

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