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TKenney, Ph.D. LawyerAvocat
TKenney, Ph.D. LawyerAvocat, Attorney
Category: European Law
Satisfied Customers: 825
Experience:  French lawyer, European law lawyer, 10+ years experience
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Iam a US student going to Spain, I over stayed my visa for

Resolved Question:

I'am a US student going to Spain, I over stayed my visa for 3 weeks because I didnt have eough money in the bank for my Green Card, The police told me just to go back home and re apply so I did my school said I should not worry should I be worried?
Submitted: 1 year ago.
Category: European Law
Expert:  Expert_James replied 1 year ago.
Hi there,

Thank you for using Just Answer/Pearl. Please note that I earn my living by helping customers like you. I only ask that once you've received your answers, you rate me positively based on the customer service I provide you, and not the outcome, for which the law sometimes does not have a good solution. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

I'm a little confused. What is your status in the US at this time?
Customer: replied 1 year ago.

I came back to The US (which is where I'am from) I have an aponitment for my new vise on the 18th of July and I'am planing on going back for school in Spain late Augest. I was wondering if I should be worried because My school is not they said I should be fine and the Police in Madrid said just go back and re apply you should be fine

Expert:  GSenmartin replied 1 year ago.
So just to make sure, you are a U.S. Citizen trying to get status in Spain?
Customer: replied 1 year ago.
US cidzen re applying for a student visa cause I'am over stayed 3 weeks cause my flight back to the US was alrighty booked
Expert:  GSenmartin replied 1 year ago.
Your question ended up in the U.S. immigration law forum. I will opt out and transfer your question to the correct forum. Thank you for your patience. No need to respond to this because it may delay the transfer.
Expert:  TKenney, Ph.D. LawyerAvocat replied 1 year ago.
Hello, Issuing a visa is a very serious matter. There is no law in Spain, nor in the European Union, that provides that if a person overstays his/her visa that another visa will not be issued. Visas are automatically refused if the applicant does not provide all the required documents, if the person was convicted in Spain, or if the person poses a danger to the Spain or the European Union. The decision to issue another student visa or to refuse to issue you another student visa will be the decision of the Spain Consulate. So to answer your question, do you have to worry, the answer is yes because you over stayed your student visa (you broke the law), and there is therefore a possibility that the Spanish Consulate may not renew your visa. However, not renewing your visa after an overstay is not automatic and the Spanish Consulate will look at the reasons for your overstay and will take into account the fact that you did eventually leave the country and that you are reapplying for another visa before they make their final decision. They may also want to see proof of your reason for the visa overstay and look at your Spanish university transcripts to make sure that you are indeed a student in good standing. This is why your interview with them in July is very important. You will have to convince them that you are of good faith, that you were deeply sorry for the visa overstay, that you will not break the Spanish law again, and that you have no intention of staying in Spain after your visa will have expired. Showing a return plane ticket may also help. Spain is going through an economic crisis now, and they are trying to limit the number of foreigners whom they think may stay illegally in Spain (and in the Schengen Area). The police will always tell the person to leave the country and reapply for a visa (that's their job; the police in Spain do not know immigration law, just the criminal code). Your university will always tell you everything will be fine (your university may have had students in the past who overstayed their visas and who were granted another visa). However each case is different and your faith will depend on the information the Spanish Consulate have on you, the evidence they have in their possession, and the way you will be perceived by the Spanish Consulate visa authority who will be interviewing you. If you can show them that you are a student in good standing, all your papers are in order (nothing is fraudulent), that you pose no danger to Spain or the Schengen area, that you are of good faith, that you were deeply sorry for the visa overstay, that you will not break the law again, and that you have no intention of staying in Spain after your student visa expires, then I do not see why you should not be issued another student visa (unless there is something else). If such is you case, then your interview should go well. The Spanish Consulate may require you to produce your return plane ticket as a condition.
TKenney, Ph.D. LawyerAvocat, Attorney
Category: European Law
Satisfied Customers: 825
Experience: French lawyer, European law lawyer, 10+ years experience
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