QUESTION
Would I be able to return to the US if I overstayed the visa waiver program before?
Asked on May 01st, 2013 on Immigration - California
More details to this question:
I was in the United States visiting a friend on a 6 week return in 2002. She asked me to marry her and I did. We tried for ages (at least 2 dozen times) to adjust my status but we’re told something different every time. I overstayed the visa waiver program but still continued to try, never earned money or anything, but after 5 years my wife decided she wanted a divorce so I agreed and left of my own free will returning to the United Kingdom in 2007. The divorce was finalized on February 14, 2008. I want to return for a holiday to see a few of the nice people I met there but am afraid I would not be able to.
2 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
If you can obtain a regular B-2 visa, you will need a Section 212(d)(3) waiver if you overstayed a previous visa.
Answered on May 07th, 2013 at 3:14 PM
Your post does not make much sense. NO ONE files for adjustment of status a couple dozen times. It is a very straightforward process that takes about 4-6 months if done properly. If you never adjusted status and overstayed by more than 1 year, you will be inadmissible to the US for a period of 10 years because of your overstay. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on May 06th, 2013 at 11:39 PM