Legal Question in Immigration Law in Florida

My fiance has her B1/B2 us visa since 2003 and has been coming to the us since then. Last time she came in 2008 she was given a 6 month period of time to be here but she stayed for 9 months which was 3 months passed her time given. When she went back to peru she never had a problem in the airport or with immigrations here nor in peru. Her visa does not expire until FEB2013. Will she be able to come back to the us with out a problem of her getting sent back to peru since she stayed passed her time given last time she was here?


Asked on 9/23/09, 5:26 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

She overstayed and can no longer use that visa. I understand that since she overstayed in 2008, she'd never traveled to USA.

If she is a fiancee, and you plan to marry, you can file a Fiancee visa petition. If approved, you will have to marry within 90 days of her arrival in USA on a Fiancee visa.

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 9/23/09, 5:50 pm
Michael Harris Law Offices of Kravitz and Guerra, P.A.

First, what is your status? Only a U.S. citizen can petition for a foreign fiancee. U.S. permanent residents cannot, so I'm wondering if that is your status. So, depending on your immigration status other options will have to be sought.

Otherwise, the previous attorney is correct. A visa is automatically canceled when a foreign national stays in the U.S. past the authorized period of stay. When she left the USA on her last trip in 2008, she was likely not questioned about her overstay. But, since she was required to turn in her I-94 Travel Departure Record, the Immigration Service may discover that she overstayed last time. I don't see how Peruvian Customs would have any relevance with this matter.

As also stated, above, the better option would be to seek a fiancee visa on her behalf -- if you qualify.

If you would like to schedule an appointment in Miami or a conference call, please contact me for more information.

Sincerely,

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Answered on 9/23/09, 6:23 pm


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