Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I overstayed my Visitor's Visa. How before a deportation…

Customer Question
I overstayed my Visitor's Visa...
I overstayed my Visitor's Visa. How long before a deportation order is automatically issued for me?
Submitted: 1 year ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Customer reply replied 1 year ago
My arrival within the US was December 2015
Answered in 8 minutes by:
7/16/2017
Immigration Lawyer: KLAW, Lawyer replied 1 year ago
KLAW
KLAW, Lawyer
Category: Immigration Law
Satisfied Customers: 2,372
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
Verified
Good morning. How long did you overstay?
Ask Your Own Immigration Law Question
Customer reply replied 1 year ago
My overstay to this point would be a little over a year
Immigration Lawyer: KLAW, Lawyer replied 1 year ago
The chances of being deported, without an arrest are very slim. The only area that is patrolled by the CBP is the immediate Mexican Border.If you don’t have a criminal background, you can ask for voluntary departure instead of deportation (which is referred to as “removal” in immigration proceedings). If the ICE attorney agrees, the immigration judge may grant you up to 120 days to leave the country. The judge will knock off a month or two from that 120 days if you have minor legal issues in the past.
Since you overstated by more than 1 year, you would be under the 10 year ban.
There are two bans for reapply for any visa after an overstay.
The Three Year Bar: If you remain in the U.S. after your authorized stay has expired for more than 180 days but less than one year, and if you leave the U.S. prior to the institution of removal proceedings, you are barred from reentering the US for three years from your date of departure.The Ten Year Bar: If you remained in the U.S. after your authorized stay has expired for more than one year, which is your case, and you leave the U.S. prior to the institution of removal proceedings, you are barred from reentering the U.S. for ten years from your date of departure.So, in short, your chances of being caught are slim, but voluntarily leaving allows you to successfully later apply for another visa.I hope this clarifies. Please don't forget to rate the question with stars so that I will receive credit and payment for assisting you with your question.
Ask Your Own Immigration Law Question
Customer reply replied 1 year ago
Thanks for your response. I was hoping to get some details on whether a deportation order is automatically issued after a particular period of time has elapsed. Or is it that I have to be brought into custody first, appear before a judge before one can be issued. Please clarify.
Immigration Lawyer: KLAW, Lawyer replied 1 year ago
Currently there is no policy in effect that DHS will automatically issue a deportation order for an overstay. The current policy is that an overstay must be referred to the enforcement section, and unless there is a criminal conviction, the agency is not just "rounding up" people who overstay.
So no there is no automatic issuance of an order. The agency will choose to pursue each case individually. Based upon current policy and manpower they are not issuing automatic orders for you as an overstay.I hope this clarifies. Please don't forget to rate the question with stars. You can always ask follow up questions for no additional charges after rating.
Ask Your Own Immigration Law Question
Customer reply replied 1 year ago
Thanks once more. I am now very clear
Immigration Lawyer: KLAW, Lawyer replied 1 year ago
You're very welcome.
Ask Your Own Immigration Law Question
Customer reply replied 1 year ago
When I apply to adjust my status via marriage will the fact that I am out of status affect my application? I do not have a criminal record/conviction or any pending legal issues.
Immigration Lawyer: KLAW, Lawyer replied 1 year ago
When you file the adjustment of status is based on a bona fide marriage to a United States citizen, any unlawful stay by you is forgiven, provided that your entry into the United States was legal.So yes, you may file your petition without worrying that you will be denied for the overstay. I hope this helps.Please don't forget to rate the question with stars.
Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask KLAW Your Own Question
KLAW
KLAW
KLAW, Lawyer
Category: Immigration Law
Satisfied Customers: 2,372
2,372 Satisfied Customers
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.

KLAW is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

4,009 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

50,990 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
How can i get a visa revoked. No im on a b1b2 visa and it
no im on a b1b2 visa and it expire on january 2019 … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
429 satisfied customers
Went to US for K1 visa within 90 days we got married. Change
Went to US for K1 visa within 90 days we got married. Change of status was not applied bec of husbands financial issues. Problems arises and ended up leaving him after only 4months of marriage. i went… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
Guillermo, I was on a TN visa but got let go in October 15,
Hi Guillermo, I was on a TN visa but got let go in October 15, 2015. I was not aware that I needed to leave the country immediately. Basically, being a Canadian citizen, I thought at the time that my … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
I want to marry a Chinese citizen who is here in the United
I want to marry a Chinese citizen who is here in the United States on a Visitor Visa. Her Visa will run out in 3 months. We would like to get married in about 5 months from now. What can we do so that… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
, I came to USA in 1999 on B1/B2 visa. I overstayed for
Hi , I came to USA in 1999 on B1/B2 visitor visa. I overstayed for 9 years as I had relationship here with US citizen ,but in 2008 I must have left back to my country because of family crisis. I came … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
Hello- I have just brought a young woman into my home on a
Hello- I have just brought a young woman into my home on a k-1 visa. She arrived in late December. I can see already it will not work out even though I had visited her in her country twice and skyped … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
A UK citizen, I came to the US on a visitors visa, got engaged
A UK citizen, I came to the US on a visitor's visa, got engaged and plan to get marry. How do I change my visa status?… read more
Expert James
Expert James
Doctoral Degree
12,298 satisfied customers
i was sent home after over staying on my visa. how long should
i was sent home after over staying on my visa. how long should i wait to re apply for a visitors visa… read more
Expert James
Expert James
Doctoral Degree
12,298 satisfied customers
I was deported form the USA for overstaying and went in front
I was deported form the USA for overstaying and went in front of a Judge in Utah. This was in 2010 august. Am I subject to a 5 year or 10 year bar from returning? Also can I travel to Canada? Thanks… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
Can visitor visa period be extended while in the US. My mother-in-law
Can visitor visa period be extended while in the US. My mother-in-law is currently on visitors visa in the US. Is it possible to extend the duration of her stay by additional 6 months.… read more
D.A.M.
D.A.M.
Principal Attorney
Doctoral Degree
2,478 satisfied customers
I have a friend whos spouse was cited for driving without
I have a friend who's spouse was cited for driving without a valid driver's license. The spouse is legally here on an active visa and the couple have 2 U.S. born children. The wife over-stayed her VIS… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
My cousin has overstayed his visa by 2 yrs or so, and hes
My cousin has overstayed his visa by 2 yrs or so, and he's been married for that long. His wife just recently filed the I-130, I-864, I-485, I-765 forms. He's already been given an appointment for his… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
If you are granted a VD by the Judge, and leave within the
If you are granted a VD by the Judge, and leave within the specified period of time, would you ever again be eligiable to apply for a visitors visa, for example, to return to the US someday? If banned… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
By mistake crossed into canada border leaving US border. while
By mistake crossed into canada border leaving US border. while re-entering US border was caught and bonded out. what would be the course of action if ordered for removal or deportation upon hearing. w… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
How long will it take for a b-1 visa to the US to be issued
How long will it take for a b-1 visa to the US to be issued and how much will it cost? Is there a service that will do this for me?… read more
Rebecca White
Rebecca White
Partner
J.D.
768 satisfied customers
hello, a friend of mine living with me here in CA got deported
hello, a friend of mine living with me here in CA got deported to Brazil. now he recived by mail a form I-797C with ASC Appoitnment Notice to have the biometrics taken for Employment Authorization Per… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
help my husband is hondurian im puertorican we got married
help my husband is hondurian im puertorican we got married 4 months ago.now he found out he got a warrant he have to go to immigration will he be able to stay in the US.… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
I am trying to make a decision between suggesting my fiancee
I am trying to make a decision between suggesting my fiancee get a B2 visa or K1 visa he does not really want to stay permanently he just wants to come an meet my family but he has never traveled befo… read more
Rebecca White
Rebecca White
Partner
J.D.
768 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x