After Entering Usa on B1 Visa Can I Apply for Extention Again
I Overstayed My Visa in the The states. How Can I Now Return to the United states?
By Ella Bergquist September 28, 2009 (Updated June 10, 2020) 3 min. read
Coronavirus Update: U.s.a. Citizenship and Immigration Services (USCIS) have made a set of guidelines for those effected past the pandemic and stuck in the US. For more complex cases, information technology may be worthwhile consulting with a clearing lawyer, who should be able to requite more detailed communication.
Our immigration lawyers at Niren and Assembly go questions most overstaying a visa very oftentimes. Overstaying authorized menstruum of staying in the United states is no longer disregarded simply instead, taken very serious that tin can lead to severe consequences. If you overstayed a US visa you may relate to the question below:
Question Near Overstaying a US Visa
Q: I came to USA in 2001 on a B1/B2 visa along with my wife and son. My second son was built-in in the USA in 2003. I had applied for Canada Permanent Residence and we all came to Canada by auto in May 2009. I overstayed my visa in the United states. Now, all of my business and my house is notwithstanding in the United states. Is at that place whatever way for me to go back to US? I had 5 years multiple visa issued in 1997, in Delhi Bharat. Will the The states Consulate have a record of my overstay in the US? If I will apply for B1/B2 again from Vancouver on my new passport, volition it be a problem?
A: Without knowing how long yous overstayed your status in the U.s., it is difficult to know what your rights are in terms of returning to the US. Generally, if you lot overstayed in the US for 180 days or more, you are are field of study to an automatic 3 year bar. If you afterward utilise for a US Visitor Visa (B-1/B-2), yous have to disclose on the application form your overstay in the US. If you fail to practice so, you lot could be charged with misrepresentation and exist subject to a 5 year bar or more than. However, in that location is hope! If you are subject to an overstay bar, yous can still utilise for a Waiver of inadmissibility to the US and exist admitted despite your overstay in the Us. The Us Waiver process would delay your Usa Visa application but information technology is often the solution for applicants with prior immigration violations. More info on Overstaying on your U.s. Visa.
Consequences of Overstaying a Visa in the The states
Overstaying a visa in the The states can effect in severe consequences that could hinder any further traveling plans. Below are some of the consequences of overstaying a The states visa:
- Visa overstays may exist restricted from applying for Extension of Stay or Modify of Status.
- Visa overstays may be barred from returning to the U.Southward. for ten years or three years depending on the period of overstay or "unlawful presence".
- Visa overstays may not be able to Adjust Status in the U.S. even if otherwise eligible.
- Visa overstays will have their existing visa automatically revoked or cancelled.
- Visa overstays are by and large unable to obtain a new visa except in their state of nationality.
How to Return to the US Afterwards Overstaying a Usa Visa
In that location is an unlawful presence waiver that volition let you dorsum into the country without having to face the iii or 10 yr bar. In order to be eligible to file for the I-601 waiver, yous must have a Lawful Permanent Resident or United states Citizen spouse or parent who will face extreme hardship if y'all are non immune back into the country.
Why Legal Help for Overstaying Your Visa is Of import
Overstaying a visa tin can take serious repercussions, which tin can be mitigated with legal assistance. Without the assistance of a legal expert, an private with an expired visa can face consequences that may take been avoidable. Time is of the essence, and the process for attaining a waiver is crucial. Don"t hesitate to get the legal help y'all demand.
Why Rent Usa to Aid You lot When You've Overstayed Your Visa?
While it may exist tempting to merely practise nada if you are an overstay in the U.S., this is not recommended. A life of "looking over your shoulder" is not a secure style to live. For overstay cases, there is a high chance you can exist caught by the U.S. Immigration Authorities and deported. But if y'all consult with an experience lawyer that handles these matters, there may be viable options for you lot.
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VisaPlace Immigration News Correspondent
Ella Bergquist
Hello! I am one of VisaPlace's many immigration news contributors. Comment below if yous have any questions or comments about this article.
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Source: https://www.visaplace.com/blog-immigration-law/overstayed-visa-usa-now-return-us/
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