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I have over stayed my visitor visa by less than 6 months.

Customer Question
I have over stayed...

I have over stayed my visitor visa by less than 6 months. How long must i be outside the US before i can re-enter?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

No pending applications

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I guess not

Submitted: 7 months ago.Category: Immigration Law
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Answered in 1 minute by:
9/27/2017
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 7 months ago
Nisha Jones, Esq.
Category: Immigration Law
Satisfied Customers: 2,703
Experience: Managing Attorney at a Law Firm
Verified

Good afternoon, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 7 months ago

Is your tourist visa still valid?

If so, there is not a set time you need to wait until you return to the US.

Since you did not overstay by 6 months, a re-entry bar was not issued against you; however you may still faces problems upon attempting to re-enter the US.

This will be at the discretion of CBP officials at the port of entry. If a CBP officer sees your prior visa overstay, it may be the basis for denying you entry to the US.

Hopefully this won't happen, but it is a possibility considering the prior overstay.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 7 months ago
I am from Peru, and i have 10 yr entry visa in my passport, it expires in 2023. I have been in the US (without leaving) since Dec 23, 2016. How can I best mitigate the issue that could be associated with the re-entry?
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 7 months ago

Unfortunately the overstay is on your record, and it will be in the discretion of the CBP officer to admit you.

However, some supporting documents you can have with you to demonstrate your ties to your home country and your intent to return home would be things such as copies of a home you own in Peru, or a rental lease agreement, a formal letter stating all of the immediate relatives you have residing in Peru, copies of birth certificates of your children residing in Peru (if applicable), and/ or a copy of a current, ongoing employment contract.

These are documents that would help demonstrate to a CBP officer that your ties and your life are in Peru, and despite a prior overstay, your intent is to enter the US temporarily, for the approved amount of time, and then return home.

I hope that helps!

Please remember to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Customer reply replied 7 months ago
Also, my boyfriend has a very complex divorce in process for the last 3.5 yrs, it is going to take some time to resolve, it's hard to determine an exact date. He is also a green card holder with n-400 in process since dec 14, 2016, expect his citizenship maybe march - july 2018 time frame. Can he marry me before he gets citizenship to sponsor me? or should it be after his citizenship has been obtained?
Customer reply replied 7 months ago
The question is really to wait here in the US, or return and try to get back in.. maybe after two or three months??
Customer reply replied 7 months ago
Are there CBP areas that the CBP are more lenient? I am in Houston
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 7 months ago

He won't be able to enter into a legal marriage with you until his divorce is finalized.

In order to abide by US immigration law policy -- if you enter on a tourist visa, then your intent needs to be for a temporary stay here in the US, not to remain while you submit a green card application.

That could be considered as having made fraudulent representations to USCIS which could be a basis for having an future immigration petitions denied.

No, there is not a more 'lenient' port of entry per say, every CBP officer follows the same laws.

I hope that helps!

Please remember to click 'Finish' and leave a positive rating, as the site works on a good faith basis that in exchange for my help with your question, you leave a positive rating. 5 stars are always appreciated, thanks so much!

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Customer reply replied 7 months ago
Can he marry me before he gets citizenship to sponsor me? (after his divorce is final?)
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 7 months ago
he can.Once his divorce is final, he will then be legally able to re-marry.You two can then get married and he can file for your permanent residency.You can find more information here:
https://www.uscis.gov/family/family-green-card-holders-permanent-residentsProcessing time can take anywhere between 1-2 years.I hope that helps!Please take a moment to leave a positive rating, 5 stars are always appreciated, thanks!
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Customer reply replied 7 months ago
I am here overstay I can get married with my boyfriend who is applying for be an citizen ,is any problem with that?
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 7 months ago

Yes, you'll need to return to your home country in order to attend your consulate interview there.

You won't be able to file an adjustment of status from here in the US because you no longer have a valid legal status in the US.

The sooner you return to your home country, the better. You don't want to run into any re-entry bar issues.

I hope that helps!

Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Customer reply replied 7 months ago
Nisha, My (prospective husband) immigration was filed from within the US and i had overstayed my visa, interview was held here in Houston. Your perspective seems rather by the book, which is of course a valid perspective. why are the exceptions allowed? If she doesn't leave there is no re-entry issue.
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 7 months ago

The difference comes with the intent.

If someone enters the US with a tourist visa, then falls in love and gets married, and this was unplanned at the time they entered the US -- then under US immigration laws, this is permissible.

The couple will of course have to demonstrate that they have a bona fide marriage, but other than that, the person who entered on the tourist visa will be allowed to file for an adjustment of status.

Keep in mind, even under this scenario, if the petition is denied for some reason -- then all of the overstay time they accrued would be counted against them, and a re-entry bar could potentially be issued.

The above scenario is a bit different than if someone enters the US on a tourist visa with the intent of getting married and filing for an adjustment of status. US immigration authorities considers that to be immigration fraud. However could someone potentially be dishonest about their intent and get away with it? Sure.

However as an attorney, my job is to provide you with the correct legal information on immigration law. Hence all of my prior answers in which I've extensively provided explanations to you in regards ***** *****

I hope this helps answer your question. Best of luck to you!

Please take care, and please remember to leave a positive rating as the site works on a good faith basis that you do so. 5 stars are always appreciated, thanks!

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Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 7 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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