Am still eligible for an L1 visa after overstaying my visa? 4 Answers as of May 19, 2011

I recently overstayed (by 18 days) my VWP. Work is considering sending me on a L1 transfer back to the US. I was refused entry under the VWP due to the previous 18 days and told I must get a Tourist visa or an L1 visa to come back in. This is all in the documentation they provided. I am just wondering if I am still eligible after the 18 day overstay for an L1?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes you are still eligible although you will be asked by the Consul about the denial of admission due to the 18 days overstay. Do have a compelling reason to give her at the appropriate time. Review your DS-160 very well before submitting it and do tell the truth in there. If your L-1 has already been approved assuming it was filed in the US, then you really have to apply for the nonimmigrant visa at the consulate and see what happens. Otherwise, it is heavy pulling for nothing. Good luck!
Answer Applies to: California
Replied: 5/19/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
An 18 day overstay will not bar you from L1 entry. The US consulate can deny a visa in their discretion so you should be able to clearly explain why you overstayed and provide evidence of your intent to depart on time.
Answer Applies to: California
Replied: 5/18/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Sounds like the problem is not with overstay. They must have said the reason in their correspondence to you. You should show your lawyer the letter.
Answer Applies to: Florida
Replied: 5/18/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
You would need to submit a waiver to overcome the unlawful presence of 18 days in the U.S. Consulate when you go for your interview.
Answer Applies to: Florida
Replied: 5/17/2011
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