QUESTION
When can I apply for visa to the USA if I overstayed 10 months?
Asked on Jan 14th, 2012 on Immigration - Texas
More details to this question:
I entered into the USA in August 2007 and went left in June 2008. I overstayed in the US for 9 months. Can I apply for a visa to go to the USA, or a green card and when?
9 ANSWERS
By how much did you overstay your I-94? When you say you "overstayed" what do you mean by that, exactly?
Answered on Jul 02nd, 2013 at 9:31 PM
Leon Wildes
Unclear how many months you overstayed. If you were admitted for 6 months and stayed 10 you only overstayed 4 months and less than 6 months overstat does not count for any ban on return.
Answered on Jan 27th, 2012 at 10:55 AM
Litigation Attorney serving Pearl River, NY
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Law Office of Bijal Jani
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Although you may file an application for avisa (you didn't clarify what kind of visa), the fact that you overstayed the last time may have an adverse effect on the approval decision. However, that being said, it can be argued that you did voluntarily leave, so that may be considered in the decision process. The same applies for any greencard applications.
Answered on Jan 27th, 2012 at 10:36 AM
Rebecca T White
If you have overstayed 180 days and departed you will have a three year bar to returning. In some situations a waiver may be an option.
Answered on Jan 27th, 2012 at 10:27 AM
You were bared until June 2011 and are not anymore inadmissible for unlawful presence.
Answered on Jan 27th, 2012 at 10:10 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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You appear to be subject to the 3 year bar so after three years outside of the US you can apply for visa now, either immigrant or non-immigrant.
Answered on Jan 27th, 2012 at 10:09 AM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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You would be subject to the 3 year bar assuming you left or leave the U.S. prior to being out of status for more than 1 year. You can also do a non-immigrant waiver to reenter the U.S.
Answered on Jan 27th, 2012 at 10:09 AM
Additional information, such as the type of visa that you overstayed, is needed in order to assess eligibilities, options and strategies. In general, an adult who overstays his/her visa for more than 180 days but less than a year will be subject to a 3-year bar to re-entering the U.S. (and an overstay of a year or more will result in a very harsh 10-year bar). There are some exceptions and waivers that could apply to these rules under some circumstances, and there is no substitution for a careful analysis by an immigration lawyer.
Answered on Jan 26th, 2012 at 7:20 PM
You can apply now. You had a three year bar for overstaying over 180 days but under 1 year. Best of luck.
Answered on Jan 26th, 2012 at 7:13 PM