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  1. #1
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Eligibility for a Work Visa After Unlawful Presence

    Quote Quoting dylancole101
    View Post
    I have overstayed 8+ years in the states but I fall under Unlawful presence (left before turning 19).
    If you overstayed for 180 days or more, that would trigger a three year period of ineligibility.
    Quote Quoting dylancole101
    I am back to my country now and planning to study here after finishing my studies can I right away find a company that I want to work for in the U.S and apply for work Visa. am I eligible?
    Are you presently ineligible to reenter the United States?
    Quote Quoting dylancole101
    If yes will the Visa officer ask me questions on my overstaying?
    I would expect so.
    Quote Quoting dylancole101
    What If I don't show my overstaying status and just show my college education and my *new passport*
    If they know about your overstay, they know about your overstay. I cannot access their computer systems to find out what they do and do not know about you. If you commit fraud to gain entry you risk a permanent bar, so it makes sense to be honest when completing immigration forms and talking to immigration officers.

  2. #2
    Join Date
    Apr 2010
    Posts
    11

    Default Re: Eligibility for a Work Visa After Unlawful Presence

    I turned 18 on May 2009 and I left on July 13 2009. It's not 180 days so I won't receive a ban right?


    What if a company sponsors me from U.S and I have a strong documents but will my overstay effect the sponsor and strong documents ? Can they give me a visa again?

  3. #3
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Eligibility for a Work Visa After Unlawful Presence

    Since you are not banned, you MAY be granted a visa. Whether you will receive one is the decision of the consular official. The decision will be based on factors other than you having no ban; it will depend on your credentials, your employer and the job offered. Just because you have a job offer is no guarantee that you qualify for a visa.

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