Usually you cannot obtain a visa if you overstayed and are presently living in the U.S. unlawfully. However, if you leave the U.S. before accruing 6 months of unlawful presence, there is a greater chance for you to be allowed to reenter with a visa.
If you overstayed a visa for a short while several years ago, you may still be able to get another visa, but the US Consul will question you about the overstay. If you are in the US now on an expired visa, you will need to go home before applying for a new one and cannot change nonimmigrant status in the US.
You have not given enough facts for me to reply. How long are you here? legally? how long have yiou overstayed? If you overstayed longer than 6 months, there is a 3 or 10 yeear bar to your reentry.
It depends on how long ago the overstay was, the reasons for the overstay and the type of visa you are now trying to get, and your ties to your home country.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.