How can I get my sister to visit me if she has an overstayed visa? 8 Answers as of October 28, 2011
I have a question on my sister's situation. In 1994, she was 13 years old and spent about a year in the states. (I'm not sure if it was more than 365 days) She is German and Germans usually have permission to stay 3 months on their visa. My parents didn't think about extending her visa because they probably didn't know they had to. Well, in 1999, she tried to enter the states and was sent back to Germany. She noticed that it was because of her overstaying when she was 13. She would like to visit me but is afraid that she will be sent back. I read somewhere that the punishment of overstaying is a 10 year period of not entering the US. The new system in Germany has her fill out an online form before traveling to the US. She has to answer whether she ever overstayed and this automatically gives her a message that she cannot travel to the US. How can I, as a US citizen and sister help her to no longer have this issue? She would like to visit me every once in a while.Free Case Evaluation by a Local Lawyer!
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Feldman Feldman & Associates, PC | Lynne Feldman
She will have to show strong ties to her country - job, school, etc. Have her make an appointment at the consulate for a visitor visa. She will need to convince them she only wants to come for a short visit and will return. No guarantees. Because she was 13 when she overstayed she should not be required to get a waiver but she will need to qualify for whatever visa she applies for. If interested in other options or wants attorney assistance through the process, call and make an appointment for a paid consultation.
Answer Applies to: California
Replied: 10/10/2011
Reza Athari & Associates, PLLC | Reza Athari
She must go to the US consulate in Germany and apply for a visa in person. She may get a waiver if the consular officer recommends it.
Answer Applies to: Nevada
Replied: 10/28/2011
The Law Office of Khoa D Bui | Khoa D Bui
Your sister may want to apply for a visa at a US Consulate (instead of the visa waiver at the airport's inspection). If the visa is denied at the Consulate, she may file a waiver application if necessary.
Answer Applies to: California
Replied: 10/7/2011
Law Offices of Grinberg and Segal | Alexander Segal
The issue with overstaying is that the person usually acquires unlawful presence. However, your sister did not accrue unlawful presence as she was a minor. In addition, the ten year period has run. This does not mean it cannot be a factor, but if she has ties to Germany she should be able to get a visa. It may be best for her to try to go to or speak with the U.S. Embassy/Consulate directly. If the problem persist, you may want to consider retaining an attorney to assist her.
Answer Applies to: New York
Replied: 10/6/2011
Law Offices of Burgos and Sosa | Hans Burgos
Such punishment or penalty is not applicable to children under 18. She should apply for a B-1/B-2 non-immigrant visa clearly establishing in the process her non-immigrant intent.
Answer Applies to: Florida
Replied: 10/6/2011
World Esquire Law Firm | Aime Katambwe
She needs to try and get a regular visa at the Consulate in whatever city she lives in, in Germany. It sounds like she was trying to come here through the Visa Waiver Program (no visa required and you can stay for 3 months if ESTA approves you). With a visa, she will have the opportunity to put in a waiver with the consulate and have a chance to be forgiven for that overstaying. She will need to find out about the waiver requirements from the consulate website and if not successful there, then she can always contact the consulate and find out about it that way. If the consul intends to deny the visa, advise her then to offer to post a bond. It will returned to her upon her return to Germany from the US. From here, you will have to prepare her invitation letter and I-134 Affidavit of support with the proper documentation to show that you can "room and board " her while she is here and will take care of her needs so that she does not become a public charge in the US. Good luck!
Answer Applies to: California
Replied: 10/6/2011
Bus & Nanthaveth, PLLC | Rachel Irene Bus
If your sister was under 18 when she overstayed, that time should not count against her and she is not subject to the 10 year "bar" you've heard of. She may need to clear the prior denial of entry incident through DHS's TRIP redress program. She also might consider applying for a B1/B2 "tourist" visa. Normally, a German citizen does not require a visa to come to the U.S. and can enter on the Visa Waiver Program, but because of her prior overstay it might be her best shot at successfully seeking entry to the U.S.
Answer Applies to: Texas
Replied: 10/6/2011
Hilf & Hilf PLC | Sufen Hilf
Whether she is barred for 10 years depends on how long she overstayed and her age at the time. 10 year bar for Unlawful presence only applies to someone who overstayed for over one year after someone turned to be 18. Your sister should apply for a visitor's visa at the us. Consulate in Germany.
Answer Applies to: Michigan
Replied: 10/6/2011
