Overstay in USA - course of action?
I overstayed by 8 months after the 90 days on my visa waiver as my husband, who is a USA citizen, had an accident and was in hospital. He nearly died after falling off a 40-foot ladder. I was the only one there to nurse and wash and feed him, so I stayed until he got on his feet.
I came back to England with no job as they had to let me go. I have not seen my husband now for a year and a half. I did get my new visa but I am worried to go and see him because friends have told me I may get turned back as I may have a ban for three years. I was hoping that maybe someone could give me an idea of what my husband and I can do.
Best Answer
From the page: http://www.alllaw.com/articles/nolo/us-immigration/consequences-of-overstaying-on-temporary-visa.html
Eligibility for Waiver of the Three- and Ten-Year Bars
The waiver applies to intending immigrants who can demonstrate that if the waiver and visa are not granted, their U.S. citizen or lawful permanent resident spouse or parents would suffer extreme hardship. But extreme hardship can be difficult to prove - it means more than the hardship that any family member would feel upon facing separation due to denial of a visa. Medical, financial, educational, and other factors are taken into account.
The article goes on to say that you will need the help of an attorney to get this Waiver, but it is not impossible.
Contact a US Immigration Attorney, and be prepared to document in extreme detail your husband's injury and recovery. You might have a case.
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What happens if you overstay your time in USA?
If you have more than 180 days of unlawful presence, meaning you overstayed your visa by 181 days or more, you will be barred from returning to the United States for a certain amount of time. If you were unlawfully present for between 180 and 365 days, you will be barred from entering the United States for three years.Can I come back to the US if I overstayed?
If you overstayed for less than 180 days, leaving the U.S. will not trigger any bars to reentry. And if you have a visa that's still valid, there's nothing to stop you from booking travel to the United States.Can you go to jail for overstaying your visa in USA?
\u201c[U]under current law, illegal entry into the United States makes an alien subject to a Federal criminal misdemeanor with a maximum penalty of 6 months in prison. However, unlawful presence itself, such as by overstaying a visa, is not a criminal offense, but only a civil ground of inadmissibility\u2026What are the consequences of overstaying?
If you accrue unlawful presence of more than 180 continuous days but less than one year, but you leave the U.S. before any official, formal removal procedures (deportation) are instituted against you, you will be barred from reentering the United States for a period of three years.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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