QUESTION
What happens to my son if he overstayed his visa?
Asked on Feb 27th, 2012 on Immigration - California
More details to this question:
What will happen to my son if he over stayed his visa by 3 months and went over to meet a girl and does not seem to exist.
6 ANSWERS
Leon Wildes
Facts are unclear.
Answered on Jun 19th, 2013 at 10:16 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Your post is confusing. What country and where did he go?
Answered on Jun 19th, 2013 at 10:10 PM
He overstayed his visa by 3 months then he is unlawfully present in the US. Once he is unlawfully present by 180 days, once he leaves the US he will be barred from reentry for 3 years; if he is unlawfully present for 365 days and leaves, he will be barred from reentry for 10 years.
Answered on Mar 05th, 2012 at 2:56 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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I do not understand the second part of your question however, overstaying a visa can be a deportable offense if he is still present in the U.S. An overstay can be grounds to deny entry to the U.S. as well.
Answered on Feb 29th, 2012 at 11:32 AM
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He is out of status and can be deportable. If he enters with K visa, he is out of luck for staying in this country unless he applies for asylum.
Answered on Feb 29th, 2012 at 10:45 AM
Criminal Law Attorney serving Newport Beach, CA
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Right Choice Law
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Your son overstaying his visa causes him to be in unlawful presence in the U.S. Depending on his visa type, he may or may not be excused for the unlawful presence should he marry a US citizen. I recommend that he consult with an immigration attorney as soon as possible to understand his rights and obligations under the US immigration laws.
Answered on Feb 29th, 2012 at 10:13 AM