QUESTION

Can I still get a visa if I overstayed?

Asked on Dec 19th, 2011 on Immigration - Texas
More details to this question:
I overstayed in the US. I am now 60 years old.
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5 ANSWERS

civil litigation Attorney serving Portland, OR at Morinaka Schworm LLC
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You can get a visa even if you have overstayed. However, you must qualify under certain grounds. For example, marriage to a U.S. citizen.
Answered on Dec 22nd, 2011 at 12:31 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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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.
Answered on Dec 21st, 2011 at 7:20 PM

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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.
Answered on Dec 21st, 2011 at 6:48 PM

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Leon Wildes
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.
Answered on Dec 21st, 2011 at 4:06 PM

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Immigration and Naturalization Services Attorney serving Houston, TX at Nossa Law Office, P.C.
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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.
Answered on Dec 21st, 2011 at 2:44 PM

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