Published on and the Epoch Times on August 7, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

If You Are Deported, Are You Effectively "Banned" From the Country? Could You Return?

If something happened and an immigrant on a vacation visa overstayed their welcome, would they be banned from applying for visas in the future? What would be the result? Would it be possible to appeal the deportation and acquire a more permanent position in the country?

Mr. Lee answers:

Reading over your question, an overstayed visitor does not suffer an order of deportation just from overstaying in this country. An order of deportation would only occur if an individual is so ordered by an immigration court which involves a formal proceeding with an immigration judge and government attorney. If the individual was here under a tourist visa or visa waiver program and overstayed by 180 days or one year before returning home, he or she would be subject to a 3 or 10 year year bar respectively before being allowed to return to the U. S. If the individual never left the U. S., he or she is not subject to the 3 or 10 year bars unless he or she leaves and tries to return. Obtaining a more permanent position in the country depends upon whether an individual can qualify to immigrate. Most immigration to the U. S. is through family relationship, employment immigration, asylum or investment. I note that if the individual was indeed deported, there are both nonimmigrant and immigrant waivers available if the individual qualifies as in the case of those who are barred for 3 or 10 years. Unless you are from Canada, most nonimmigrant waivers are handled through a combination of the U. S. consulate and U.S.C.I.S. Immigrant waivers are filed directly with U.S.C.I.S. 

Q&A 2.

Am I Allowed to Apply Asylum?

I`m a 21 years old Libyan student at Minnesota State. The situation in Libya is very bad. There is a war going on there, we are losing people everyday there. My question is am I allowed to apply asylum ?  Do I have a good chance of getting it? How do I start taking the right steps toward it ?

Mr. Lee answers:

You are allowed to apply for political asylum. The one year rule does not apply to you as you are a student, and I assume that you are maintaining F-1 status. Whether you have a good chance of obtaining it depends upon the facts of your case. There is much strife going on in the world today, and the U. S. does not wish to be inundated with the suffering multitudes of all different countries. U. S. immigration law allows asylum to be granted to those who can show that they have been persecuted or have a well-founded fear of persecution on account of race, nationality, social group, political opinion, or religion. 

Q&A 3.

Will I Be Out of Status If My Company Stops My Payroll While I Am On L-1 Extension

I am currently on L1 visa extension and having a valid H1 b approval with consular notify. Since my project got ended and my company has a 1 day bench policy which is my payroll will be stopped the next day. My question here is will I be out of status when my payroll stops. I was not even given time to go back to India.

Mr. Lee answers:

L-1 nonimmigrant status has no grace period in your situation. That being said, your leaving the United States quickly after your project ends would be seen favorably by an American consular officer when you return overseas for your H-1B visa interview.


Q&A 4.

Can I Apply for a Medical Visa Again After Overstaying in US?

I got a medical visa in 1998 for US for my daughter's treatment. Due to medical reason's we had to overstay. Due to lack of knowledge of US Law, we didn't apply for a visa extension, instead after the treatment we returned to our home-country. Since my daughter requires more surgery, can I reapply for a medical visa after overstaying without any legal issues?

Mr. Lee answers:

There are multiple questions here, like how long you overstayed, when you returned, the reason for the overstay, whether you are barred from returning through the 3/10 year bar, the recency of the violation, etc. If you only overstayed the period of illegal stay by a small amount of time, that might not be seen as such a large violation by a consular officer. On the other hand, an overstay of for example over 6 months, especially recent, might be more of a cause of concern. Also if there are medical records that would indicate that it was absolutely necessary for your daughter to remain in the U. S. for medical treatment, a consular officer might be more sympathetic to give a new visa than if there is a questionable record of medical necessity. Other questions that a consular officer may have are how the medical treatment was paid for in the past and how it will be paid for at this time, and what you and your daughter were doing inside the U. S. during all this time of overstay.



Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.


  View Alan Lee's profile

 View Alan Lee's LinkedIn profileView Alan Lee's profile