Will she encounter problems for overstaying her visa? 3 Answers as of September 15, 2010

My girlfriend overstayed her student visa but left on her own accord. Now I want to bring her back to the United States on a fiancee visa. Are there any potential problems because she overstayed her visa?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer on your question is that it depends on how long your fiancee overstayed her visa and why. If she overstayed for less than six months she can be sponsored without any kind of bar. The CIS will look more closely at the fact she overstayed, but if there are understandable circumstances (a school-related job project or master's degree defense taking too long, for instance), they will probably not be too upset. If she overstayed by more than six months she is subject to a three-year ban, and a ten-year ban if she overstayed by over a year. But none of these is beyond help, depending on the circumstances. If you want to discuss this further, by all means call or e-mail, and I'll set up a conference by phone or in person, and we'll see if we can do more for you and your fiancee.
Answer Applies to: California
Replied: 9/15/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
It really depends on how much she had overstayed and what she was doing in
the US while she was overstaying. Feel free to contact me with additional information.
Answer Applies to: California
Replied: 9/14/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
Normally, student status (F-1) have the notation D/S on the I-94. This means that the I-94 will not expire until she is found to have lost her status by an immigration judge or immigration officer. Generally speaking there is no unlawful presence issue if she was never found to lose her student status. However, if she is outside of the United States, the embassy will still consider her period of being out of status in the United States. If she was found to have lost her status for more than 180 days in the US, her violation will affect her fiancee visa in the future.
Answer Applies to: California
Replied: 9/14/2010
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