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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94359
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My friend is visiting from Japan and entered the U.S. on his

Customer Question

My friend is visiting from Japan and entered the U.S. on his Japanese passport March 1 on a one way ticket. He was here in the attempt of finding employment and getting sponsored. This did not happen so now he plans to return to Japan the first or second week of September which will be less than 120 days overstay. What will be the consequences on leaving and how will it affect reentry to the United States?  He would like to return ASAP.

Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

 

You mean he has already overstayed? And what visa did he use to enter? A B-2 tourist visa or an ESTA Visa Waiver?

Customer: replied 11 months ago.

Yes. He got here March 1. He did not use Visa, just Japanese passport.

Customer: replied 11 months ago.

Sorry for misinforming you. He has ESTA. I am attaching copy.ESTA Visa

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Well, because he has overstayed, he will never again be able to use an ESTA. He will need to apply for a visa and he could be denied unless he can prove that he will not violate a visa in the future. As long as he leaves before he has overstayed 180 days, he has no automatic penalty and he does not need a waiver, just a visa. If he overstays 180 days but under a year, he needs a visa and waiver during the next 3 years. If he overstays 1 year or more, he will need a visa and waiver for the next 10 years. So he should leave as soon as possible so that he does not need a waiver. The waiver is very hard to get. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 11 months ago.

He was here also due to his running out of his medication he brought from Japan and could not get it refilled here unless he got enrolled in heathcare program (for HIV) because the medication costs thousands of dollars per month if not under healthplan. The enrollment, checkups and labwork took time. Would a note from his doctor here help when he applies to come back? How long does it take to get a standard visa?

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
That can help to convince an officer as to why he had to overstay and that he will not do it again. It can take about 1 to 3 months to get a new visa. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

 

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94359
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.

Just to be clear, the 180 days overstay starts after his ESTA timeframe expired (5/18/2013) is that true? After that I am done and will rate you. You have given me EXCELLENT service!

Customer: replied 11 months ago.

I gave you a bonus.


 


BTW his ESTA visa expired on May 18th. Does the 180 days begin after that?


 


Thanks.

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
Sorry for the delay in responding. I suffered a minor injury today that has affected my tying. It starts from the time his stay expires, yes.

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