Are you looking to return to the US after having overstayed your visa? If so, check my blog post titled: "I overstayed my visa, can I return to the US? (I-601 Waiver)"
If you are attempting to get legal status through the potential immigration reform is whether you have ever left the US after a long overstay or long time of being here without valid permission. Don't forget to review the other issues that you should be aware of here.
Here are some issues that you might face when trying to return to the US:
Staying in the US longer than you were supposed to or entering illegally means that you have unlawful presence. This can be negative if you were over 18 years old when it happened (although in some instances it is negative even if it happened after the age 18). Here are some of the ways you can be banned from returning to the US if you have some unlawful presence:
- You have been in the US without permission for 6-12 months and then you leave. You will face a 3 year bar when you try to return.
- If you have been in the US without permission for more than 12 months and you leave. You will face a 10 year bar.
- You were in the US without permission for over one year then you left the country and came back or tried to come back illegally. You will face a permanent bar.
- You were deported from the US and then came back or tried to come back illegally. You will face a permanent bar.
Note: If you have a 3 or 10 year bar, you cannot come back to the US lawfully or get lawful immigration status for 3 or 10 years. If you have a spouse or parent who is a LPR or US Citizen, you can apply to cancel the 3 or 10 year bar. This is done by trying to get a “waiver,” they are not easy to get and can only be granted if you show that there will be an extreme hardship to your relative. If you have a permanent bar, you cannot waive or cancel it, but you can apply to come to the US after staying outside the country for 10 years.