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Do you think it's wiser if I stay in the US after overstaying my visa

San Diego, CA |

So, I'm about to finish high school. I came here two years ago on a tourist visa.

Now, i know that California Governor Jerry Brown signed a bill giving illegal immigrant college students access to state-funded financial aid. Do you think it's better if I just stay here rather than returning to my home country and apply for another visa?

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Attorney answers 4


You should return before your visa expires.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.


If you came in as a tourist two years ago, are you now overstaying? If you depart after overstaying more than 180 days, you will trigger the 3-year bar if the total overstay is less than one year or 10-year bar if the overstay is at least one year.

Mary Carmen R. Madrid Crost can be reached at the: Madrid Crost Law Group - (888) 466-4478; e-mail:; skype: usvisalaw Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response should not be construed to create an attorney-client relationship. Please help stop notario fraud and share this web site:


You have a difficult decision to make. As a minor, you did not accrue unlawful presence. Therefore, if more than 180 days has not passed since you turned 18 you currently have no bar to reentry. With no bar to reentry you could conceivably return to your home country and apply for another visa. However, if you are over 18 and more than 180 days have passed you have a 3 year bar to reentry and if more than 1 year has passed you have a 10 year bar to reentry. These bars will make it difficult for you to obtain a visa to return without a waiver.


It's never wise to overstay.

An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.

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