QUESTION

What is the penalty for a Peruvian overstaying a US visa

Asked on Sep 17th, 2013 on Immigration - Texas
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
There is no specific attitude one way or another to the Peruvian nationality insofar as overstaying a US visa is concerned. Anyone who overstays for 180 days is barred from return for three years and if the overstay is one year, the bar is 10 years. The bar would be enforced in the event that you left the country and had to return. Further individuals who are overstays may be caught and have to go through immigration court proceedings to decide whether they should be removed from the country. At the present time, being an overstay is not a crime, but considered a civil violation.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 29th, 2013 at 5:10 PM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
The penalty is the same for anyone.  Overstaying by six months means you will be barred from returning to the US for 3 years.  Overstaying by one year means you will be barred from returning to the US for 10 years.  Overstaying even by a day may make it difficult to obtain a non-immigrant visa in the future.
Answered on Sep 17th, 2013 at 10:52 PM

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