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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11551
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My fiance overstayed his tourist visa last year by 2 days on

Customer Question

My fiance overstayed his tourist visa last year by 2 days on accident. He was denied entry into the country yesterday because of this and denied his tourist visa. Can a lawyer get his tourist visa reinstated so he can at least come back to the country?
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Expert James replied 5 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you.

Please understand this is for informational purposes only. I've reviewed your question and my answers are below. Once you have received the information you need, please do not leave until you have given me a positive rating of 4 or 5 stars. This is how I am compensated for doing my job. So it is very important that you do this. Thank you.

ANSWER: A lawyer cannot do anything that the law does not allow him to do for himself. moreover, he cannot get his visitor visa "reinstated"; instead, he would have to re-apply for a visitor visa from scratch. and overcome his previous immigration violation.

Note that because he was unlawfully present in the US for more than 1 year, he is subject to a 10-year ban from re-entering the US as an immigrant, unless he can get a hardship waiver (I-601) approved.

However, as he is seeking a non-immigrant visitor visa, he can request a Hranka Waiver. If approved, he can still apply and be approved for a visitor visa to come back. Note that if they know he is your fiance, it is highly unlikely that he will be issued the visitor visa.

It would be a good idea to get an attorney to help him, but here is information on the Hranka Waiver: http://www.nolo.com/legal-encyclopedia/applying-nonimmigrant-visa-hranka-waiver.html

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Customer: replied 5 months ago.
He didn't overstay a year. He overstayed by two days a year ago. So, can he reapply for another tourist visa? Or is there a lawful way to reinstate him?
Expert:  Expert James replied 5 months ago.
Oh, ok. I read it as "overstayed by two years." My apologies. Kindly remember that I only get credit for doing my job when you give me a positive rating. Please do not forget to do this. Otherwise, it would be like I am working for free. I'm sure you would agree that that is not an ideal outcome if you were in my shoes.He is not subject to a statutory ban. He still may have to apply for a waiver for visitor status, as an overstay is an overstay, whether it's for two days or 6 months. The only difference is that when the officer considers the violation, it far more minor at 2 days than it is at 6 months. As the seriousness of the violation is taken into account.Again, no, he cannot get it "reinstated." He violated immigration laws. His visa was canceled. He needs to apply for a new visa. No reinstatement is possible. I'm very sorry about that, but I do not make these rules. I'm just a messenger.I hope that clarifies things for you. Please do not leave this site until you've given me a potiive rating. Thank you!
Expert:  Expert James replied 5 months ago.

Hi, I’m just checking in to see how things are going.

I see you have reviewed my answer but I did not get credit for answering your question yet. Do you need more help or need me to explain anything else?

Please let me know either way.

Thank you!