Legal Question in Immigration Law in New York

Overstayed O1 Visa

Hello,

I left the US in 2003 after overstaying my O1 visa by almost 2 years . I have a new passport as my old one expired . Will I have any problems visiting the states for just a visit ? If so, is there anything to be done ? Thanking you for your help.


Asked on 2/14/07, 4:37 am

1 Answer from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: Overstayed O1 Visa

You are likely to be refused admission to the U.S. next time you present yourself at the border. Your new passport will not change anything. The reason is that if you did not properly applied to extend your stay when your O1 visa expired and were unlawfully present in the United States for one year or more, you are barred from being admitted to the U.S. for 10 years from the date of your departure. Consult an immigration attorney to determine if you qualify for a waiver (though on the facts you provided nothing indicates one would be available) prior to travelling to the U.S.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 2/14/07, 8:29 am


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