What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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- čas přidán 28. 08. 2024
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Staying past the expected departure date under the terms of your U.S. visa can carry serious consequences. For example, your visa will be automatically voided, and you won't be able to apply for a new visa at any consulate outside of your home country. In some cases, you may be barred from returning to the U.S. for a number of years, depending on how long you stayed and whether you fit into an exception or actually accrued "unlawful presence," which is a separate definition under the law. Attorney Charles Zavala explained to us with more details.
#Overstayvisa #Inadmisibility #Waiver
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Very Very Helpful and Mr. Charles Zavala is a Very Very helpful Person.
sir audio is very low
1.What can happen if someone passport is not stamped at the airport but he is already in the country and 2. how can he go about it if he wants it to be stamped
How long do you need to stay out of the US if you leave before your i 94 expires, before you can re-enter?
What happen with ESTA overstay (family reason) for 4 months can you file a reconsideration to “travel not authorize” ?
I stayed 23 days longer than what the ESTA asked me for, for bureaucratic reasons and I have the proof. This happened 4 years ago, what can I do?
Thank you!!!!!
I am on K1 visa but now my fiance doesn't want to marry me and I don't want to leave US. what do i do now I've been here longer
I would recommend have a consultation.
Thanks for your information.
I came in to USA on VWP, tried to extended and it was denied, so I overstated 20 years until I married a U.S. citizen wife.
We had been married for 3 years and we are so happy 😊
What can I expect when she petition me
Is it possible to obtain a green card?
We need to make sure we do it correctly to not risk any deporation issues. Please call me and we can discuss this case and get you started towards your Green Card :)
Plaseeeee talking about the Esta!!!!! Who can from Europe.....and 3 months after don't going back.
Hi Charles, thank for your good informations. Im not sure if I heard you right, are you saying no all undocumented immigrants can stay in the USA as long as they married to an US citizen?
Thank you for watching but unfortunately no that's not what I'm saying. Every person's case is unique but if you are married to a US citizen it may be possible to obtain a green card. Give us a call and we can schedule you an appointment
@@ZavalaTexasLaw thank you very much for your response! Now I have another question if you don’t mind answer me! Started from June all undocumented immigrants could get driver license, right? And what are documents DMV would ask for ?
Thanks
@@ZavalaTexasLaw what about if i extended my stay before 90days. What happen if i get denied? Can i still visit again?
I’m American and. Been dating an Indian on a student visa for 5 years . He’s an idiot and dropped out of school and worked full time so it probably violated his student status . We are thinking of marriage but he needs and wants to work . Is there any chance marriage can go around a violation in case he is charged with it and he can stay in the USA if we marry and he can work again ?
only legally enter, has USA visa but over stay 1-94, if married USA citizen status can be changed also eligible for GREEN CARD. UNDOCUMENTED Persons NOT IMMIGRANTS. if they got married to usa citizen, I belive they have to go back
Hi ,I overstayed my J1 by 5 days because of the pandemic ... my flight was canceled and there were no flights for a month according to the airline, I quickly tried to get a repatriation flight (happened last year August)
What’s a repratriation flight?
@@molebohengntseare8846 it's an emergency flight that your embassy arranges and only citizens of that country can board
To my understanding that's what it is
5 days is fine. It's 5 days not 180 days you overstayed.
Did you get the new visa
did you get any response on your question
Hi can you help me with Asylum case,I am looking for lawyer right now
My wife entered the USA with a tourist visa and was given a 6-month permit and only 90 days left, then she crossed the border to Canada and when my wife's visa was given for 6 months, it was automatically canceled by the American customs. Now, does this process constitute a visa violation, that is, does it open the overtime period for a new visa? Will my application be prevented from entering the United States because he entered Canada from the United States without declaring that he had ente
Please give us a call so we can help you with this case
Hi sir stay 18 months USA medical problems linking hospital north corlina USA come 20 /5 / 2019 till india hyderabad what can do
How about overstay in other country but not in the USA?
Hi Charles what about Daca recipients. if he left the country he is in status with out permeation , he can enter again . Can you please explain .
What about MAVNI? Also I arrived when I was 4 years old and got a stamp on my original passport but never received a I-94 been here for 22years
If I (British Citizen) overstayed on ESTA > stayed in US with wife > got approved for GC after 3 years > now want to surrender GC, will I still have 10 year bar or can I visit?
How about after the 5 10 bar is any. Extra file
Hi sir
I have USA visa from 2015 to 2025 B1 B2 I went to USA on that visa I got visa from 03/09/2015 to 02/06/2016 (6month) then I stayed there then I returned on 27/11/2019 Now what should I do if I want to go to usa again?? How to go??
im married by 15 yrs..to my american husband..he pass away last yr..june 24,2021..by cancer stage 4..his an Army.rank E7..im her now at WA state..to do all my benifits..and im applying for self petition..1-360 form..and i file last july 7..my form are already process..i have 10 yrs visa,but my visa will expired on nov.26 on this yr..can i stay here while im waiting my biometric appointment or green card...
Hello Mr Zavala
I have a question regarding my C1D visa, 5 years...
of course I’m a seafarer, I work on the cruise vessel,
I am considering to apply for a B1B2 , due to the fact that on vacation I stay home I go nowhere, so I would like to vacation before my time to back to work..
My visa expiration is due on 2023, in Sept.. so I will have to re-apply eventually to be able to return to work .. Can I apply for both category at once ?
I'm a truck driver from zambia can I have a chance as well 8 yrs experience behind the wheels.
Hello, I am a doctor from India pursuing USMLE exams. I have a 10 years b1b2 visa for doing observership at a hospital in Houston Texas (info filled in ds160 and invite shown in visa interview). But I got a better observership program in silver springs maryland, both in quality and economically cheaper as well. So can I directly go to Maryland from India instead of Houston Texas?? Will there be a problem due to a change in Port of entry from Houston (ds160) and maryland?? Please do advise me on this to avoid any potential problem.. Thank you so much in advance
Will you be able to travel by plane inside the United States if you are 30 days past due on your I-94 and you got married in July and now it’s December. We are waiting on “ Change of status”
Hi Chris, if you're in an adjustment of status process. I'd suggest to reach your attorney and ask for an advice because he/she is more informed about your case, for example criminal issues or even issues with immigration. In my opinion the best is to wait until the approval. Thanks for your question!
@@ZavalaTexasLaw I contacted TSA and they said as long as you have a valid passport/ Govenrnent ID that’s not expired they don’t check for “ immigration status “
After biometric,of 2 years ago,what will happen next
What time can I give you a called tomorrow?
Hi and thank you for sharing this information. My ten years B1/B2 visa was cancelled at the US embassy in my country when i did an interview for student visa to study in the US because of two weeks overstay in the US. The student visa was also denied. When i was going through US immigration, i got one month in country and went two weeks over the one month. It has been four years now since my visa cancelled, can i try again in different country now? I am presently working in New New Zealand.
If you overstay the government can deny future visas for a period of time
What about someone from china?
Hello. Currently dating a girl from Thailand who is here on a B1-B2. She has 3 months left on her I-94. Hypothetically, if we plan for her to stay after the I-94 expires with the hope of a long term relationship and getting married, do we have to worry about her getting deported? What if she stays longer than 1 year after the I-94 expires? It sounds like the punishment is only preventing re entry but not actually deporting them. Do we need to worry about her overstaying between the time the I-94 expires and marriage? Thanks
If she overstays she is removable. Call us and let's talk
Be smart. Leave the country on time and return
What about Venezuela?
Hello Sir,,Just want to ask,,my friend is in the US..she was petition by k1 visa but until now they cant married because of pandemic and the cost will be expensive too,,and one more thing they have a child..is there any way to do??So her visa was expired and she is overstayed..
I came to the US on a tourist visa. I extended my stay due to Covid however I have been here from 2019 to present and my extension status is still being processed. Will I be eligible for Amnesty. If not what is the penalty
Send your inquiry to USCIS and make sure you print out all correspondence.
Hi i wanted to ask if i as an international student enter the US with a student Visa but instead of going to school i decide to work there for a year what will happen to my visa or me?
If you worked I stead of attending school that is a violation of your student visa. If you marry however we can still apply for a green card
Hello! My mom came and we applied for a visa extension and that was approved. The problem was that took so long and we were told to wait in the USA because if she lives that is considering abandoned the case. The extension letter came on November 29 last year and it says she was aloud to be here until march last year. But we did a lot of paper work and fingerprints after March, so in that case can they denied her entrance even though she was just waiting for a response fro uscis? How can we know if so? She wants to come back
Thanks in advance
Give us a call so we can discuss
i know someone who got a tourist visa back in 2010 and they travel to USA , visa expires and decided to just stay and work in USA she even took an exam to be a license nurse she cant go home because she wont be able to comeback , my question is if your an illegal alien can you still work in USA (because that person I know is working as caregiver )
let him work, what is your problem?
@@346zaman i dont have a problem what about you
Hello friend I over stayed in USA 5-6 years can I get back to USA 1990-1997 now I am in Turkey
You will need to apply for a tourist visa
I was a minor when entered what can I do to justify it
Nothing 😮😅
I was looking for you to say that about overstayed 10 years what is the situation?
Please schedule an appointment so that we can help you ----->
go.oncehub.com/ZavalaTexasLaw
Hey there I've overstayed in America but I had kids and got married there and moved to Australia later on buy I'm trying to go back to USA cause of my wife and kids any tips ? I'm paying lawyer but still waiting
Why would you change Australia over US? Thought Australia was better
I entered to united states when i was 17 and I started overstay days before i was 18 . My dad applied for citizenship but i got denied and i overstay with the ESTA 9 months . What solution i have if i want to visit united states?
Hi, definetly you need a consultatio to evaluate your background check and determine a strategy. calendly.com/ztl 😊
Would you help my friend sir to get her green card?
Becasue due to pandemic her fsmily choose her to migrate her there in the usa
But unfortunately, the immigration attorney that they hired to fix her adjustment of her status , doesn't contact them back. How can we help her?
Nothing is free my friend but yes any immigration lawyer can help you if you pay the fees
What if I stayed for 3 years on a 10 yea visa ,and never went back? Will ice come for me
It is not a 10 year visa. Look at your i-94 form when you had to leave. 3 years overstay is very serious and if caught you will be deported
My husband overstayed his visa but left back to his country 12 years ago. Does he need to apply for a waiver if we are applying for an I-130?
If he has been outside of the USA for 10 years then no waiver needed
@@ZavalaTexasLaw I asked my lawyer and she told me that since he violated a visa law then the officer from the consulate will gve him a blue slip when he goes to the interview and that he would have to ask for a waiver and it would take him 10 to 12 months more to get it approved. Is this true?
@Maria Duran I am in a same situation and my interview is is 40 days.don't know what is going to happen.. keep in touch I will update the result.
Hi, I am writing to seek clarification regarding the reentry of my mother into the United States.
My mother initially entered the USA on B2 visa at San Francisco on January 15, 2020. However, due to the COVID-19 travel restrictions and the subsequent cancellation of flights, she was unable to return within the six-month period. Consequently, she traveled back to home country on September 14, 2020, as soon as travel restrictions were lifted.
We had applied for a legal extension of her stay in the USA, but due to the disruptions caused by the pandemic, we did not receive a response in a timely manner and in march 2021 we got denial for extension.
Does visa will be still valid for traveling? Will she will be able to travel again without any issue during USA immigration?
Thank you
Give us a call and we can discuss
Just an update my mom she had the same issue but she came last month nobody ask for anything .everything was fine
@@yasmine-yx3nx hi, how long did ur mom overstayed? How did she get back to her country fly or land? I hope you can please reply back, as my parents are in the same situation.
Is there a way for someone to still get an american visa eventually if they overstayed?
Usually it will be harder. And if you overstay for a year you’re banned for 10 yets
Extremely hard. You might have a shot if someone in your family member that’s lives in the US apply for you a immigrant visa
What if you i94 states N/A
Hi Kadanne, If your I-94 states N/A you must follow the time frame USCIS established for your country, p/e for mexicans generally speaking they are allowed to stay 6 months with a B1/B2 .
@@ZavalaTexasLaw what mean that I also have it
i overstay my visa and now im planning to back to my home country. they told me that i just need to get a travel document in order to go back home? does the cbc still gonna hold me on my flight going home?can i bring luggage going back.
Hi liza, They wouldn't and you can travel with your luggage. Just keep in mind a possible inspection like everyone else. :)
@@ZavalaTexasLaw would they detained me if i"m voluntarily leaving the US.considering a have no bad record at all. just overstay my visa .
Is it 10 years ban?@@lizajef
Hello Charles, my name is Bona Talevska,I over stayed my visa and I can't reenter for ten years,i come home to Australia,if my fiance's Boss sponsors me she has a Business can I come back to the U.S.?,
I hardly doubt it. Why would you change Australia over US ? Thought Australia was better
@@tiagoleite3535 US is better for young people who are still passionate to make a business while Australia is better for retired people who wants an easy and comfortable life.
Is the ban In every country worldwide or just that country?
If you overstay in USA the ban is only in the USA
@@ZavalaTexasLaw Thank you; but u can still travel in other countries?
Sano yes you can. The ban is only to the usa
This video is excluding people.
What do you mean?
Have another question Sir..if the person. Overstay his visa for 3yrs then he got married for a US citizen. But unfortunately his wife didnt changed his status. Cheated him. Can eligible to changed his status? His mother is a lawful residence here in the US. What is the best thing he needs to do?
Please schedule an appointment so that we can help you ----->
go.oncehub.com/ZavalaTexasLaw
I overstayed back in 2018 by two months and have since been trying to get my j1 for work but have been denied three times already will I ever be admitted back?
3 years then you csn
I hardly doubt it
Did you overstay from the date of expiry of visa as stated on the sticker visa or from the end of 30 day grace period?
Can I remain in the US while waiting for a waiver for a 2year home residency on my J1 from DOS?
Please call us at 832-819-3723 so we can see how we assist you.
@@ZavalaTexasLaw I did already, I'm waiting to hear from you as your representative said.
I don't see you on my schedule. Call and make sure you schedule a consultation with me
If you've overstayed a tourist Visa like about 3 months due to covid restrictions, is it the still valid if it didn't expire?
did you get a reply on this
@@jemmypitter6934 I've been told that if I didn't apply for an extention I must get a new visa from my home country otherwise the cbp officers might cancel it at the boarder. Did you apply for an extention and complete the process like giving fingerprints etc.?
@@metinnarin5509 i did apply for the extension but i left before it was granted
@@jemmypitter6934 if it's granted now by uscis than your visa must be fine.. but if it's still in process I'm not sure. I left the country without applying for an extention and applied for a new visa from my home country and explained that all flights were cancelled 3 months due to covid and was out of my control.. They asked me if I applied for an extention or not and didn't approve my new visa:(
@@jemmypitter6934Hope you won't face any problem while entering.. and let me know what happened
Really hard to hear you even in my AirPods. Very bad sound quality.
Thanks for the feedback. We'll be working on that.
I over stayed for 1 and a half year in c1d visa, what are my options
Hi did you found qny solution for your overstay ?? Because my fiancee she overstay with her visa c1d and we still have problem to qdjust her status even im us citizen. Pleas give me more update about what happen to your case ??
I overstayed my j1 visa for 31 days back in 2019. Now in 2022 I’m applying for C1/D visa. Will the US consulate grant the visa?
Did you get it
Did you get it?
If I come from UK on a 3 month visa, and stay for a year. I will be banded from entering the country for 3 years? Would there be any fine or potential jail time for this?
So hypothetically, if I came and hiked the Appalachian trail and the PCT and it took a year, I could go home back to UK without being detained? Thanks
Banned*
You are correct. However to avoid this penalty I suggest that depart before the 3 months end and then re enter. Perhaps you can visit parts of Canada for a few weeks and then re enter the USA. Therefore you wouldnt be overstaying 3 months.
@@ZavalaTexasLaw brilliant, I didn’t even think of that haha. Thank you very much for your help
I lived in the United States with a tourist visa from my 6 months of age to 8 years old, and I returned to my home country before reaching adulthood.
I intend to apply for my student visa and if there is a possibility of legalizing me either through marriage or EB3, will I be able to? Even though I was a minor, I am in Brazil.
@@joub8800 guys just mention this information in detail in visa forms. It’s the officer to decide, you just need to provide accurate and truthful answers.
@@joub8800 are u brazilian?
@@joub8800 you would be a fool to be undocumented in America.
Hey man.. I lived there as a kid with my parents for ten years. I moved back to my home country suriname I'm married have 2 kids have a house work and run a small business..I applied yesterday and was denied...alls the officer asked was why did I overstay.
@@rickykapo6714 How much years did u have when u comed back?
Hello atty can you help me make a waiver for my overstay?? What is your email address?