QUESTION

Can I apply for a medical visa again after overstaying in US?

Asked on Nov 25th, 2014 on Immigration - Hawaii
More details to this question:
I got a medical visa in 1998 for US for my daughter's treatment. Due to medical reason's we had to overstay. Due to lack of knowledge of US Law, we didn't apply for a visa extension, instead after the treatment we returned to our home-country. Since my daughter requires more surgery,can I reapply for a medical visa after overstaying without any legal issues?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
There are multiple questions here, like how long you overstayed, when you returned, the reason for the overstay, whether you are barred from returning through the 3/10 year bar, the recency of the violation, etc. If you only overstayed the period of illegal stay by a small amount of time, that might not be seen as such a large violation by a consular officer. On the other hand, an overstay of for example over 6 months, especially recent, might be more of a cause of concern. Also if there are medical records that would indicate that it was absolutely necessary for your daughter to remain in the U. S. for medical treatment, a consular officer might be more sympathetic to give a new visa than if there is a questionable record of medical necessity. Other questions that a consular officer may have are how the medical treatment was paid for in the past and how it will be paid for at this time, and what you and your daughter were doing inside the U. S. during all this time of overstay.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 Dec 23rd, 2014 at 1:50 PM

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