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I entered the us on the 8th of March 2009 on a two year E 3 visa. Expiring on the 8th of march 2011. Mistakenly I thought I had up to 6 months to leave the us. I have not worked since the 8th of march. I had a vacation and recently interviewed for a job. After which I reviewed the visa status and started panicking. I am due to leave to Bermuda (where my mother lives) next week. What are the penalties? Can I apply for an another e3 if I get the job. Can I return to the us on a visa weiver or try to sort this situation out. Very scared about not being able to return to the us. My girlfriend is here and the thought of not being able to return even for a visit is torture.
6 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If your overstay is less than 180 days, you will not trigger the 3 year bar. But you will have a difficult time to convince the US consulate that it was just an oversight.
Answered on Jul 30th, 2011 at 7:08 AM
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If you leave before you accrue 180 days of unlawful presence (time after visa expired) you will not be subject to any bans from the U.S. If you do not leave before then, you will be subject to the bars. If you are thinking of marrying your girlfriend and she is a citizen, you could do so and obtain a green card even though you overstayed your visa, but leaving the country may prevent this. There are several options and you should speak with a lawyer to make sure you understand. You should do so quickly as the clock is running.
Answered on Jul 28th, 2011 at 12:27 PM
You were only allowed to stay in the U.S. until 3/8/11. By remaining beyond that date you were in violation of your immigration status. This violation will be looked at every time you seek to return to the U.S. and particularly when you apply for a new visa and may prevent you from returning. If you attempt to return under the visa waiver program, you may be denied entry and issued a removal order that will bar you for 5 years from returning or receiving a visa. You may still be issued a new visa if you disclose your overstay to the Consulate when applying and it will be within the Consulate's discretion to grant you the visa. The Consulate cannot grant you any visa for 3 years if you remained in the U.S. for more than 180 days and subsequently left. The bar will increase to 10 years if you stay for more than one year past your authorized stay.I recommend consulting with an experienced immigration attorney to discuss your relationship with your girl friend. If she is a U.S. citizen and you are determined to building a life together, you might be able to regain legal status IF you do not leave the U.S. I strongly recommend seeking the consultation before you remained in the U.S. for more than 180 days past 3/8/11.
Answered on Jul 27th, 2011 at 9:46 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If you leave the US within six months after your authorized stay expires, you will not be barred from coming back by law. However, your visa becomes valid and you will need to apply for a new visa.You may run into problems with the American Consulate if the visa officer knows of your overstay. Bottom line: it is possible that you may be denied visa to come back.
Answered on Jul 27th, 2011 at 8:49 AM
William C. Gosnell
You should voluntarily leave and not get deported. If you get deported you cannot come back. Once you get to Bermuda you can apply for a Student Visa, a Work visa or a Tourist Visa and file an I-130 for a visa.
Answered on Jul 26th, 2011 at 4:25 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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You do not have an E-3 visa to enter the US. If you stayed beyond the I-94 expiration date, then you must apply for another visa at your home consulate in Australia. If you overstay, you will not be able to enter as a visa waiver applicant. You will need to explain the overstay and be sure to document that it is less than 180 days and that you did not otherwise violate your status.
Answered on Jul 26th, 2011 at 4:24 PM