Overstayed visa waiver help [closed]

I went to the USA to travel and visit, and I met a girl there. We got serious and went to see an immigration lawyer, who advised me to stay if I was going to get married, it cancels the overstay he said. Due to financial pressure, my girlfriend and I broke up.

We had been together for2 years at this point, but due to moving to a more expensive city we fell apart. I couldn't afford to fly home and stayed on friends sofa's for a while. Eventually my family pitched in to get me back home. Iwas never arrested or had any run-ins with the police.

I never even thought I'd date anyone from the USA. I left of my own accord and was never stopped or questioned on the way out.

The only question I was asked was in England. They asked about my passport as it got water damage.

Immigration advice relevant to my situationhas been hard to find, and I don't know any lawyers. Is there any advice you can offer?

Best Answer

AIUI

If you got married to the US citizen while still in the US you could have applied for adjustment of status to permanent residence despite the overstay, effectively rendering the overstay moot but as you didn't actually go through with the marriage and left the country that doesn't help you.

If you overstay on the visa waiver program you are no longer eligable to use the program and will need to apply for a visa for any future travel to the US. Furthermore you will immediately start acruing unlawful presence. If you leave the US after acruing more than 180 days of unlawful prescence you get a 3 year ban. Leaving with more than 365 days of unlawful prescence gets you a 10 year ban.

So if you spent all of the 2 years you have "been together" in the US following a single VWP entry then you have a 10 year ban.

Even if you have no ban a past overstay is likely to weigh against you in getting a visa in the future.

Despite not having any obvious exit checks the US does record exits. So lying to US authorities about your overstay is likely a bad plan.

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Can my US visa overstay be forgiven?

Can my U.S. visa overstay be forgiven? Yes, there are cases where the government will forgive your visa overstay, and you can obtain a waiver.

Do I need a waiver if I overstayed my visa?

Automatic Visa Revocation After Overstay of Any LengthThere is no waiver or forgiveness for this. But if you did, in fact, submit an application to USCIS for a change or extension of status before the departure date, and USCIS eventually grants it, none of your overstay will count against you.

Can I apply for adjust of status if I overstayed my visa?

Yes, you can apply for a green card if you overstayed a visa. You can apply to become a green card holder from inside the United States (known as an adjustment of status) or abroad (through consular processing).

Can I come back to the US if I overstayed?

Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.

What is a Visa Overstay? Consequences and Solutions to Over staying a Visa

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