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  1. #1
    Join Date
    Apr 2012
    Posts
    5

    Default Going Back to the U.S. After Overstaying

    Hi there,
    When i was a kid my parents brought me to the U.S. with a tourist visa and decided i should just stay over there to finish my education. After 10 years of elementary, jr. high, high school and one year of college i went back to the Philippines without knowing that i have a chance to never be able to go back again.
    I was just wondering if there was any possible way for me to go back to Cali for future work or even just to visit?
    additional information:
    i have family members there that are U.S. citizens and have a green card.

  2. #2
    Join Date
    Sep 2010
    Posts
    9,270

    Default Re: Going Back to the U.S. After Overstaying

    How old were you when you left?

  3. #3
    Join Date
    Apr 2012
    Posts
    5

    Default Re: Going Back to the U.S. After Overstaying

    I was 19. it was approximately two years ago.

  4. #4
    Join Date
    Jan 2007
    Posts
    1,191

    Default Re: Going Back to the U.S. After Overstaying

    Since you were illegally present longer than a year after your 18th birthday, you have a 10 year bar from entry for any reason. The fact that US citizen and LPR family in the US works against someone applying for non-immigrant visas such as visit B-2s. Only marriage to a US citizen and remaining in the US would have allowed you to legally remain in the US with green card processing without leaving. Since you are no longer in the US, you need to follow all of the rules and prepare yourself to apply in another visa category after you serve out your ban.

  5. #5
    Join Date
    Apr 2012
    Posts
    5

    Default Re: Going Back to the U.S. After Overstaying

    oh wow, 10 years is a long time. Please correct me if I'm wrong, but after 10 years it means that I'll be able to apply for a visa again and be granted a chance to go back to the U.S. basically with a clean slate!?

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,105

    Default Re: Going Back to the U.S. After Overstaying

    It means you are again eligible to apply for a visa. The slate will not be clean - your history will show up when they are reviewing your application, and can be expected to result in greater scrutiny of your proposed travel plans and ties to your home country.

  7. #7
    Join Date
    Apr 2012
    Posts
    5

    Default Re: Going Back to the U.S. After Overstaying

    oh wow... bad decision! thanks a lot for all the information. It is greatly appreciated.

  8. #8
    Join Date
    Jan 2007
    Posts
    1,191

    Default Re: Going Back to the U.S. After Overstaying

    Had you left within 6 months of your 18th birthday, you would have had no ban. That year of college cost a lot.

    Spend your time getting the education and experience you need to obtain a guest worker visa. H-1B and L1 visas allow immigrant intent so that your US based family will not work against you. If you use your time wisely, you may be able to enter the US again in a very good position for your future.

  9. #9
    Join Date
    Apr 2012
    Posts
    5

    Default Re: Going Back to the U.S. After Overstaying

    I'll definitely keep that in mind. Thank you very much for all the information.

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