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Many people come to my website searching to the answer for this question. The answer is complicated. It depends on how long you have overstayed your visa and whether you are willing or eligible to file a waiver to return if you are facing a 3 or 10 year ban. Read on for more information...
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Overstaying the Visa Waiver Program means that you will face more difficulty trying to return to the US. You will be ineligible for the Visa Waiver Program in the future, because you overstayed. You will have to apply for a B-2 visitor visa to visit the US.
The B-2 tourist visa has an application process and fees that you must pay at the US consulate in your home country. As part of the application process you have to prove that you do not have immigrant intent (you are not coming to the US to live).
If you overstay the time that you were given on the visa waiver program you will start accruing unlawful presence. You may be barred from returning to the US for 3 or 10 years depending on your length of overstay. Click here for more information on the 3 or 10 year bars.
If you have overstayed your authorized stay in the US, VWP travelers have less immigration relief available to them than do travelers that came with a visa. For instance, if you had received a B-2 visa you would be able to apply to extend your stay. You cannot extend your stay as a VWP visitor, unless you have a true emergency situation (ex. medical emergency). You may be eligible to apply for asylum, but you should speak to an immigration lawyer about making an asylum claim. Feel free to contact me if you have any questions about adjusting status in the US or returning to the US.
You may need an I-601 waiver to waive your unlawful presence if you are married to a US citizen or lawful permanent resident or your US citizen child who is over 21 wants to file for you and you have unlawful presence. Unlawful presence starts from the time that you have overstayed your visa, or from when you entered the country by just crossing the border without a visa. Read on for more information...
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Another issue that may affect you 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:
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