What can negatively affect my non-immigrant visa application? 5 Answers as of September 23, 2011
I went to United States in 2001 with a Business Traveler Visa and stayed for six months, and then I got an extension for 6 more months. After this period, I stayed with the I-94 expired visa and a year later my visa expired too. Two years later, my son was born and then we drove to Mexico and left the USA without returning the I-94 form because in the border nobody asked for it. I have been out of the United States since 2005 and I have been working almost 6 years for a company outside the United States and they have offered to transfer me to their United States office. Could you tell me if my past overstay and / or my son’s birth in the United States will affect my non-immigrant visa approval?Free Case Evaluation by a Local Lawyer!
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Joseph Law Firm | Jeff Joseph
If you were unlawfully present in the U.S. for more than one year and then departed the U.S., you are subject to a 10 year bar to re-entry. You can obtain a non-immigrant visa to return, but you will need a non-immigrant waiver of the 10 year bar.
Answer Applies to: Colorado
Replied: 9/23/2011
Reza Athari & Associates, PLLC | Reza Athari
You have triggered the 10 year bar and need a waiver.
Answer Applies to: Nevada
Replied: 9/22/2011
Law Offices of Grinberg and Segal | Alexander Segal
Your past overstay will definitely impact whether you receive a non-immigrant visa in the United States. You remained in the United States for more than 1 year after your authorized stay. You were authorized to stay for about 1 year after you entered the country since you received an extension. The fact that your visa itself expired later does not matter. It is the date on your I-94 that controls when you began accruing illegal presence. A person who has accrued more than 1 year of unlawful presence is inadmissible from the U.S. for a period of ten (10) years. This means the U.S. Embassy/Consulate cannot issue you a visa for at least ten years. Also, the fact that you have a U.S. citizen child may be used by the U.S. Embassy/Consulate to determine that you are an intended immigrant (i.e. you will not return upon expiration of any new non-immigrant visa). There are some waivers available depending upon the type of visa, but you need to speak with an experienced immigration attorney to discuss your specific details.
Answer Applies to: New York
Replied: 9/22/2011
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
yes your overstay will be a problem and you will need a waiver to overcome. If you wish to retain the services of my Immigration Law Practice to file both the L-1A visa and waiver please advise.
Answer Applies to: Florida
Replied: 9/22/2011
Baughman & Wang | Justin X. Wang
Based on your description, you are barred for 10 years to enter the US as you overstayed your visa for more than one year and then left.
Answer Applies to: California
Replied: 9/22/2011
