QUESTION
Is there any chance to avoid the 3-year bar and if no, are there chances to come back after 3-year bar or earlier?
Asked on Jul 07th, 2013 on Immigration - Georgia
More details to this question:
I came on B1/B2 tourist visa on May, 24th, 2012. I tried to extend my status for another 6 months, but it was denied on February, 7th. I was planning to leave before August 7th so I won't stay more than 6 months and there is no bar but apparently I was wrong because the last day of my legal stay was on October 24th. I'm still going to leave US in August but I'm expecting to be given a 3 year bar. I overstayed cause of the TEFL certification program that I took and the school didn't provide with F1 visas, after that I just stupidly fell in love.
1 ANSWER
Although not entirely clear from your question, it sounds like you entered the U.S. lawfully and with inspection (with a visitor's visa), you overstayed the visa, and then fell in love with a U.S. citizen whom you now plan to marry. If that is accurate, after marriage you and your spouse should be able to successfully apply for you to adjust status to become a Lawful Permanent Resident (to get a "Green Card") notwithstanding that you have overstayed your visa. It would be wise to consult with an immigration attorney who could learn all of the relevant information about you and the person you intend to marry, in order to advise you about immigration eligibilities, options and strategies.
Answered on Jul 16th, 2013 at 9:43 AM