Can I get an L1 visa after overstaying? 2 Answers as of April 19, 2011

I went to the US on a B2 visa and applied for H1-B, had an I-140 approved but could not continue because had overstayed and was out of status for 4 years waiting to see if we could apply for adjustment of status (all was this done by attorney ). We gave up and left the US. Now we have the option to get an L1 Visa. Is it possible to go back?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
I think it will be tough to get the L-1 approved because of your unlawful presence in the US. But since you left on your own (right?), there may be a sliver of a chance to get back in providing that you have a compelling reason you can put in a waiver to convince USCIS to let you back in. The quick answer is no, but I really think that that this is one of those cases where you won't know until you try. Some might disagree but that's how I see it. Nothing is impossible in immigration . . . Good luck!
Answer Applies to: California
Replied: 4/19/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If you have applied for adjustment of status, you may have not overstayed. If that's the case, you can come back at any time once L1 is approved. However, if you overstayed, you need to apply for a waiver of inadmissibility. Good luck!
Answer Applies to: Florida
Replied: 4/18/2011
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