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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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i overstayed my us 90 day visa by 6 months but when i returned

Customer Question

i overstayed my us 90 day visa by 6 months
but when i returned home to ireland i found out i had a daughter in the us
i did a dna test to make sure the child was mine. today i found out she is mine now i want to return to the us
is there any chance they will let me back into the country due to my situation ?
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question. Please remember to rate my service so I am credited for my time.

Because you stayed past the date authorized by the Department of Homeland Security, you will be ineligible for the Visa Waiver Program (VWP) and may have a more difficult time obtaining a visa to enter the United States in the future.

The first thing to understand about the time bars is that (with rare exceptions) they are imposed only on people who are overseas and trying to return to the United States, not people who are already there and have the right to apply for their green card.

Time bars could delay your immigrating to the United States as follows:

• Three Years. If you’ve spent more than 180 continuous days (approximately six months) in the United States unlawfully, you could be barred from coming back for three years.

Fortunately, public awareness of this issue is increasing, and a new rule allows some applicants to apply for the waiver before, not after leaving the United States

if you are married to or are the child of, a U.S. citizen or permanent resident. In that case, you are one of the lucky few who can ask for forgiveness, known in legal jargon as a waiver. But you’ll need a lawyer for this these waivers are not easy to get.

To be eligible, you will have to show that if you don’t get the visa, your U.S. spouse or parent will suffer extreme hardship. And when the immigration laws say “extreme” hardship, they mean it. The likely sadness that your spouse or parent or child will feel at your living thousands of miles away will not even begin to get your waiver application granted. An example of a case where the government would recognize extreme hardship is one where your spouse or parent has a severe medical problem and requires your constant attention. Financial hardship will also be taken into consideration.

Unfortunately, hardship that your U.S. citizen or permanent resident children, if any, would suffer does not count (although you could make an argument that their suffering would affect your U.S. citizen or permanent resident spouse or parent, emotionally, financially, or otherwise).

Provided you can show the above you should have a chance of obtaining a visa to the us.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

ok thats a lot of information


so what would you advise me to do

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

1. I suggest that you apply for a VISA to the US and state the reasons who not being with your child is suffer extreme hardship ie you are unable to support your child financially and evidence of the effects on the child of you being away from them . You would basically need to include as much information as possible to over come the extreme hardship obstacle.

If you child is currently resident with your US, spouse or partner, you can include in the visa application form how you not being with your child is causing them extreme hardship, financially and/or emotionally.

I suggest that you apply for a visa to the US stating the reason for overstaying, stating any and all mitigating factors surrounding you overstaying and include details of extreme hardship on you, the child and the current carer of the child of you not being able to enter the US.

Unfortunately because you have overstayed for 6 months it does make it difficult for the Department of Homeland Security to see you as someone who will abide by the visa conditions if given entry. Therefore the onus is on you to prove that if entry is given you will leave prior to the visa expiring.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind rega
Expert:  UK_Lawyer replied 3 years ago.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards

Expert:  UK_Lawyer replied 3 years ago.
I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards

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