Skip to main content

When someone has overstayed their visa. The penalty of 3 or 10 years starts when? When the person leaves the US?

New York, NY |

When the person leaves the US? When the person applies for a new visa? From the date until which the person was aloud in the US?

Attorney Answers 4

Posted

From the date the person leaves the US. In certain situations, if a person never leaves before getting a green card, the 3/10 year bar never applies (marriage to a US citizen).

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

Mark as helpful

6 found this helpful

4 comments

Asker

Posted

? You can get a green card even though you have overstayed your visa and that you are still in the US? Marrying a US citizen would make you legal?

Alena Shautsova

Alena Shautsova

Posted

YES.

Asker

Posted

I just want to make sure, you are saying that even though right now I have overstayed my visa. If I find a US citizen to marry, I would then be legal in the US? Even if I only meet and marry this person in like 2 years for instance?

Dean P Murray

Dean P Murray

Posted

Has to be a bona fide marriage - not marriage for the purpose of obtaining a permanent residence. If it's not going to be a bona fide marriage (white picket fence, shared bedroom and bathroom, two-car garage, etc. etc.), you're wasting your time and you're going to find yourself on the wrong side of the law in a hurry. Do yourself a favor and consult and retain a lawyer.

Posted

In general terms the inadmissibility bar is stiggered from the time you leave you trigger the 3 or 10 year bar. If you then want to apply for a new non-immigrant visa you will need to obtain a non-immigrant inadmissibility waiver called (INA 212(d)(3)). If you get married to a US citzen though you can apply for a green card and do not have to leave.

Mark as helpful

1 found this helpful

2 lawyers agree

5 comments

Asker

Posted

What if you marry a US citizen AFTER you have overstayed your visa?

Carl Michael Shusterman

Carl Michael Shusterman

Posted

You can still adjust your status in the US.

Asker

Posted

Can you adjust your status when the only reason why you overstayed was because you had to wait for a court date for a case where you are entirely innocent and have been falsely arrested?

Asker

Posted

Also, how do they know you left the country if you don't give the I-94 form for whatever reason?

Dean P Murray

Dean P Murray

Posted

All of these questions are better answered in a private consultation with a lawyer. You received many answers and still have more questions. Get a consultation if you value being able to remain and live in the United States. The reason for the oversaty is not relevant. In addition, you have an obligation to return the I-94 when you depart or mail it in to a location in Kentucky, U.S.A. thereafter. If you do no neither, USCIS will presume that you overstayed and can check the flight manifests to see the exact date on which you departed. In addition, if you overstay the date on your I-94 by a single day, your visa is voided automatically as a matter of law. The next time you try to enter the country with that visa, it will be canceled by CBP and you will be refused entry to the U.S.

Posted

Yes. leave or deported. No leave or deportation - no penalty.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.

Mark as helpful

1 found this helpful

5 lawyers agree

6 comments

Asker

Posted

I have no idea what you meant in your answer. Please explain.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

If you do not leave the country or ICE does not deport you by force, you will not be subject to the bar. I hope this is a better explanation for you.

Asker

Posted

How could ICE find me?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

No problem, at all.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I was not saying they will. I was answering your quesiton to cover importtant issues.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

This si 21 century. Everybody leave a trace.

Posted

This is the most "commented-on" question that I have ever seen on Avvo. Many attorneys have provided answers and several follow-up answers, and yet, the follow-up questions keep on coming. This cries out for a constulatation. Additional answers on Avvo are a disservice to the questioner at this point. This site is not for legal advice and anyone who attempts to use it for that purpose is going to get badly burned. Avvo is for general questions and sensitizing the public to the current state of the law.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

Mark as helpful

1 lawyer agrees

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics