QUESTION
Can my son re-enter US if he overstayed his visa?
Asked on Apr 14th, 2013 on Immigration - California
More details to this question:
My son came to this country when he was 7. He is now 20. He overstayed his visa and now I am worried he will not be granted re-entry when he goes to our country for his Immigrant Visa Interview. I filed I-130 for him and he has been called for an interview.
10 ANSWERS
The new rule that was enacted by Obama Administration starting in March, 2013 might help you.
Answered on Apr 22nd, 2013 at 8:20 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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If your son leaves the U.S. after overstaying his visa for 1 year or longer, he will become inadmissible for 10 years. It means that he will not be eligible to re-enter the United States legally until, at least, the year 2023. At this point, you have to get a consultation of a competent immigration attorney.
Answered on Apr 19th, 2013 at 12:26 AM
Adebola O. Asekun
Previous periods of unlawful stay in United States occurring prior to the aliens' 18th birthday do not count. Also, periods of unlawful stay occurring before Apr. 1, 1997 also do not count. If your son overstayed his status after Apr. 1, 1997 and was 18 years or more at that time, he may be inadmissible. However, if the consular officer decides that he is not eligible to receive a green card on this basis, he is qualified for a waiver. I suggest you should contact an immigration lawyer to help you sort this out.
Answered on Apr 17th, 2013 at 8:02 PM
I recommend you consult with a lawyer to go over all the facts to make sure he does not have issues to do consulate processing. He has unlawful presence issues.
Answered on Apr 17th, 2013 at 7:51 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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He will need a waiver. I suggest that you contact an experienced immigration attorney to help you prepare the paperwork.
Answered on Apr 17th, 2013 at 1:01 AM
If he left the US before he turned 18, he will be ok.
Answered on Apr 16th, 2013 at 2:31 PM
He will have problems getting his visa and re-entering the United States. He will have to request a waiver depending on the details of his situation. I recommend you contact an Immigration Attorney to help you and your son with the waiver.
Answered on Apr 16th, 2013 at 2:31 PM
Your son cannot be granted a visa for 10 years if he leaves the United States unless he obtains a I-601 waiver. He might be eligible to receive his green card without having to leave the US. You should consult with an immigration attorney BEFORE your son leaves for his interview.
Answered on Apr 16th, 2013 at 2:31 PM
Of course he will not be granted a visa and will not be permitted to reenter the US for a period of 10 years if he leaves the US. He can only legalize his status within the US on the basis of marriage to a US citizen.
Answered on Apr 16th, 2013 at 2:30 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you, the petitioner, are a US citizen, your son should not go to his visa interview at the US consulate. Instead, if he entered the country with a visa, he should apply for adjustment of status with USCIS immediately. The application is filed on form I-485.
Answered on Apr 16th, 2013 at 2:30 PM