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Dear sir i have a question, I have overstayed my I 94 limit but my visa is still valid, may I reenter the U.S and file for the I

Bellevue, WA |

I-192 form at the POE to secure admission in to the U.S, for more information, I was never deported and I came to my home country on my own, further I have an US. spouse,but she is not cooperate with me ,what can I do
Thank you.

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Attorney answers 3


No, I don't think so! You committed a cardinal sin: overstaying the validity period of your I-94, the most "sacred" document once one is admitted to the US.

Upon your return, your previous overstay will show up on the system am afraid.

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.


I do not believe so.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.


I agree - no, you cannot leave and re-enter without expecting major obstacles. You will be required to remain out of the United States either three or ten years, depending on how long you over-stayed. With a US citizen spouse, you can apply to adjust your status to lawful permanent resident and the overstay issue will not hurt your case. If there are issues of extreme cruelty or abuse, you should talk with an immigration attorney to learn if you have other options.

This general advice does not create an attorney-client relationship.

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