QUESTION

My husband overstayed 1.5yrs his student visa.....

Asked on Sep 07th, 2013 on Immigration - New Jersey
More details to this question:
I am an american. My husband overstayed his student visa for about 1.5yrs (he is from Europe, & was studying in USA). During that time, he travelled by plane within the us and when he left from the USA for his home country, he was never told anything or interviewed or deported. We got married recently and we want to plan a trip back to the states to visit my family for probably 2-3wks. how can I determine if he is on any list that he can't come back to the states or not?
Report Abuse

1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Your husband is not barred from the US unless he received a denial from U.S.C.I.S. or an immigration court. An individual on a student visa is considered under duration of status, which means that there is no specific time set in advance for him/her to leave the country. Such a person is not subject to the 3 or 10 year bars for overstaying 180 days or one year respectively. That being said, he may still encounter problems because of his overstay in obtaining a visa or in entering the country. But he would not know the answer unless he applied to return.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Sep 09th, 2013 at 7:30 AM

Report Abuse

Ask a Lawyer

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.

0 out of 150 characters