QUESTION

Being overstayed in The US

Asked on Jan 10th, 2023 on Immigration - Missouri
More details to this question:
I was on a student visa until 2014, then with a temporary work permit in 2015 through migration. I certified as surgical technologist and surgical first assistant. The hospitals did not accept a temporary work permit, only a green card. So since November 2015 I was overstay in the US until March 2022 than I returned to my country, Paraguay by choice. I want to return to the US with a student visa. What migration problems do I have? Thanks. I am looking forward to your response
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
I do not quite understand your stating that you were on a temporary work permit in 2015 through migration. F-1 student status would not bar you from returning to the US as long as you did not receive revocation or denial of such status or were not the subject of removal proceedings with unfavorable results. But if you changed to some other nonimmigrant status or attempted to obtain an extension or change that was denied, you would likely be subject to the 3/10 year bars for having overstayed in the US. If your overstay was over 180 days, you would be subject to a three year bar on entry. If the overstay was one year or more, you would incur a 10 year bar. You may be able to obtain a waiver for nonimmigrant purposes, but for that to occur, you would have to apply for a visa, have it denied, have the consulate agree to recommend a waiver, and have the Admissibility Review Office in the US approve it before you could return. In the event that you are not barred, you would have to apply for and receive a F-1 visa from the American consulate or embassy. The issuance of such is within the discretion of a consular officer who will have to consider the effect of your previous day on the question of your ability to demonstrate nonimmigrant intent, which is necessary for the approval of a F-1 visa. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Feb 05th, 2023 at 9:38 AM

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