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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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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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