Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law

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: 6 months ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Customer reply replied 6 months ago
My arrival within the US was December 2015
Answered in 8 minutes by:
7/16/2017
Immigration Lawyer: KLAW, Lawyer replied 6 months ago
KLAW
KLAW, Lawyer
Category: Immigration Law
Satisfied Customers: 1,847
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 6 months ago
My overstay to this point would be a little over a year
Immigration Lawyer: KLAW, Lawyer replied 6 months 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 6 months 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 6 months 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 6 months ago
Thanks once more. I am now very clear
Immigration Lawyer: KLAW, Lawyer replied 6 months ago
You're very welcome.
Ask Your Own Immigration Law Question
Customer reply replied 6 months 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 6 months 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
Ask KLAW Your Own Question
KLAW
KLAW
KLAW, Lawyer
Category: Immigration Law
Satisfied Customers: 1,847
1,847 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

3,990 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 J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

48,466 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
If you were ordered deported in absentia, immigration judge
If you were ordered deported in absentia, immigration judge refuses to reopen old case, have a misdemeanor criminal record, married with approved I-130, have a USC child, and only option is to leave t… read more
Expert James
Expert James
Doctoral Degree
11,699 satisfied customers
Came on a J1-Work and Travel Visa.he overstayed the Visa by
John came on a J1-Work and Travel Visa.he overstayed the Visa by aprox 3.5 years. The he won the VISA LOTTERY. Altough his Lawyer gave him slim chances of success if he went back to his contry in Euro… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
Is domestic abuse to a spouse grounds for deportation? Done
Is domestic abuse to a spouse grounds for deportation ? … read more
Expert James
Expert James
Doctoral Degree
11,699 satisfied customers
If you are ordered deported and must leave the United States
If you are ordered deported and must leave the United States and you're eligible to file a waiver to come back into the United States instead of waiting for the 10year bar, is that something you can f… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
Can a non immigrant apply for T visa after being ordered to
can a non immigrant apply for T visa after being ordered to be deported by immigration Judge? entered into US without a visa. Asylum application was denied and judge ordered alien to be deported.… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
If you have already been ordered deportable and currently
If you have already been ordered deportable and currently under an order of supervision with immigration, are you still eligible to file a suspension of deportation?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
My mother overstayed abroad and is to see a judge very soon
my mother overstayed abroad and is to see a judge very soon for her residence status … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I have a friend that overstayed and the overstay van from
I have a friend that overstayed and the overstay van from the US will end in November 2018 we are marrying in a few days and wondering can he now come to the US as my husband? We are gay men marrying … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
Father of 3 natural born U.S. citizens was deported for
Father of 3 natural born U.S. citizens was deported for actions as a result of symptoms from Huntington's disease. He was deported several years ago, and wasn't given a phone call. We have just recent… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
My husband got arrested yesterday he has been deported
My husband got arrested yesterday he has been deported before and we were pulled over he was driving with no license and the officer said he was going at 76mph on a 70mph zone but he had cruise contro… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Dubai business visa overstay fine for US citizen. What doe
Dubai business visa overstay fine for US citizen JA: What is your official status? Do you have any pending applications or petitions with USCIS? Customer: what doe that mean JA: Have you talked to a l… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
A person who already have deportation order, are they still
A person who already have deportation order, are they still eligible to apply for a permanent resident if they are married to a US citizen … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
But brief question. A Mexican friend of mine has overstayed
No, but brief question. A Mexican friend of mine has overstayed her visa in the US and is planning to marry a German citizen. My question would be if she is able to marry in NYC without a valid visa and if you foresee any issues with her leaving the country for Germany. … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
If a Canadian has overstayed a visa in the U.S. and returns
If a Canadian has overstayed a visa in the U.S. and returns to Canada without the overstay being flagged at that time (a probability), is it likely that the overstay will be picked up later by US cust… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I was deported from US because of overstay ESTA. I wanna
I was deported from US because of overstay ESTA . I wanna request forgivness . what is best help for that , get married with american in my country or find some sponsorship in US or something else ? t… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Jan 2012 i was deported from the states for overstaying my
jan 2012 i was deported from the states for overstaying my visa waiver (i'm british) because of the removal order ina 212 (a) and excess stay ina 212 (b) i have a 10 year ban. i'd like to return to the states as soon as possible...i have explore various routes..but don't know what to do. … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
My immigration case was dismissed by the immigration judge i
my immigration case was dismissed by the immigration judge i was a legal permanent resident what do i have to do to get it back now that my removal hearings were terminated … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I have a question about illegal immigration and deportation.
Hello. I have a question about illegal immigration and deportation. … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 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