QUESTION
How can I get my sister to visit me if she has an overstayed visa?
Asked on Oct 05th, 2011 on Immigration - Michigan
More details to this question:
I have a question on my sister's situation. In 1994, she was 13 years old and spent about a year in the states. (I'm not sure if it was more than 365 days) She is German and Germans usually have permission to stay 3 months on their visa. My parents didn't think about extending her visa because they probably didn't know they had to. Well, in 1999, she tried to enter the states and was sent back to Germany. She noticed that it was because of her overstaying when she was 13. She would like to visit me but is afraid that she will be sent back. I read somewhere that the punishment of overstaying is a 10 year period of not entering the US. The new system in Germany has her fill out an online form before traveling to the US. She has to answer whether she ever overstayed and this automatically gives her a message that she cannot travel to the US. How can I, as a US citizen and sister help her to no longer have this issue? She would like to visit me every once in a while.
4 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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She must go to the US consulate in Germany and apply for a visa in person. She may get a waiver if the consular officer recommends it.
Answered on Oct 28th, 2011 at 1:21 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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She will have to show strong ties to her country - job, school, etc. Have her make an appointment at the consulate for a visitor visa. She will need to convince them she only wants to come for a short visit and will return. No guarantees. Because she was 13 when she overstayed she should not be required to get a waiver but she will need to qualify for whatever visa she applies for. If interested in other options or wants attorney assistance through the process, call and make an appointment for a paid consultation.
Answered on Oct 10th, 2011 at 1:00 PM
Corporate & Incorporation Attorney serving Coral Gables, FL
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Hans Burgos, P.A., Immigration Law Offices
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Such punishment or penalty is not applicable to children under 18. She should apply for a B-1/B-2 non-immigrant visa clearly establishing in the process her non-immigrant intent.
Answered on Oct 06th, 2011 at 11:12 PM
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Whether she is barred for 10 years depends on how long she overstayed and her age at the time. 10 year bar for Unlawful presence only applies to someone who overstayed for over one year after someone turned to be 18. Your sister should apply for a visitor's visa at the us. Consulate in Germany.
Answered on Oct 06th, 2011 at 1:48 PM