QUESTION
Would I qualify to the Reform even if I am in Mexico?
Asked on May 26th, 2013 on Immigration - Texas
More details to this question:
I enter the US in 2006 with an H1-B visa but never got paid. Even that, I stay until 2012 when I left to Mexico after the expiration of the visa. I had an overstay of 73 days and when I wanted to reenter the US with a tourist visa I was denied to reenter and the tourist visa was cancelled. I´m in Mexico City now trying to find a way to go back.
1 ANSWER
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If you were out of status for more than one year, when you left for Mexico, you triggered the 10-year bar. You state that you had an overstay of 73 days and when you left for Mexico, you then triggered the 3-year bar. You will need to stay in Mexico for 3 years (provide proof of this when you reapply for another H-1B visa or another benefit). You do not mention facts that would make you eligible for a waiver, such as having U.S. Citizen or Lawful Permanent Resident parents or spouse.
I'm not sure which reform you are asking about but the 3-year bar still exists.
Answered on May 27th, 2013 at 5:32 PM