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Visa Overstay Related Questions

An illegal immigrant in the United States is an alien (non-citizen) who has entered the United States without government permission or stayed beyond the termination date of a visa. A tourist or traveler is considered a "visa overstay" once he / she remains in the United States after the time of admission has expired. The time of admission varies greatly from traveler to traveler depending on the visa class through which they were admitted. Visa overstay questions often arise; read below the top five overstay questions that have been answered by Immigration Lawyers on JustAnswer.

If a person on H1B1 visa overstay just got married to a US citizen, what would they need to do to get a green card or citizenship?

Since you are legally entered into the US on an overstay status, you may concurrently file all the documents for permanent residence together with your citizen spouse's I-130, as a single packet to the processing center in your jurisdiction. Per the instructions in the form I-130, you also are required to submit form G-325A, Biographic Information about you and a Form G-325A for your spouse.

If someone overstays two years in the US and have voluntarily been served deportation, what are the chances of getting a visa to travel to the US once again?

Normally, you would have a 10 year bar starting from the date of leaving the U.S. It doesn't matter what country you have citizenship in (other than the U.S.), the 10 year penalty follows would still apply. You can try to apply for a B-2 tourist visa and then a waiver under 212(d) which is done on form I-192. This can be found at, but the chances of getting it are really low. If you have other questions about visa overstay, you can contact Immigration Lawyers on JustAnswer to get helpful legal insight.

If someone from Germany was denied in their NVC completed interview because of an overstay in USA and now needs a hardship letter from their spouse, how would they go about getting a hardship letter?

The hardship letter is more than just a simple letter; the spouse would have to be able to show and prove that an EXTREME hardship on them would be placed if the person was denied. Basically you need to show psychological, emotional and physical hardship. Documentation of all medical condition should be provided as well. All of this needs to be submitted with the I-601 and if it is not a strong packet it probably will be denied. This could be the time to retain the services of an immigration lawyer. You could also ask Immigration Lawyers on JustAnswer to answer any specific questions you may have about your case.

If a person who has an approved I-130 (should be getting a green card in 7 years) is under deportation proceedings because they overstayed for two years, can they go back to their home country under voluntary departure? Will the 10 year bar rule apply and would it affect their green card ?

In this case, there are likely to be TWO 10 year bars. One is for having a deportation order. This can avoid if they leave the U.S. through Voluntary Departure. The second bar is for overstaying 1 year or more. This cannot be avoided. So even if they leave the U.S. through Voluntary Departure, they still have the 10 year bar due to overstay. When their green card is available 7 years from now, they will have to wait an additional 3 years to complete the 10-year bar. The only way to come back sooner would be to have an I-601 waiver granted and for that they would have make a convincing case that a U.S. Citizen or U.S. Lawful Permanent Resident spouse or parent that would suffer EXRTREME HARDSHIP if the barred person is not allowed to come back. This has to be from a spouse or parent and cannot be a sibling or even a child. Secondly, the hardship has to be something more than emotional or economic hardship.

If someone has overstayed in the US, and has been here without legal papers for 7 months, can they get married, return to their country, and come back to the US?

If you leave the United States, you would be banned and/or barred from the United States for a ten year period unless you are approved for a waiver based upon a marriage to your United States citizen. To that extent, you would not be allowed to return as a tourist because of your overstay. So leaving the United States would have a substantial effect on your future in the United States because a waiver can take up to 18 months to be approved and the extreme hardship standard to a United States citizen or lawful permanent resident status can be very challenging to establish. Even if you were to marry before you left the United States, you would not be able to enter the United States without a waiver. Basically it may be best if you do not leave the United States until you are a lawful permanent resident based upon a marriage and petition by your US citizen significant other.

Overstay in the US is very complicated and can cause many to feel confused and lost. Immigration Lawyers on JustAnswer can answer any visa overstay questions that you may have at a fraction of the cost it would take to hire an attorney to answer your questions.
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