Frequently Asked Questions
- I came to the US on a business visa, it expired 8 months ago, can I return home and get another visa to return to the US?
Because you overstayed your visa for more than 6 months but less than 12 months, once you leave the US and try to return you will be barred for three years. This means that should you apply for another visa from the US Consulate in your home country, they will deny your request until you have been outside the US for 3 years. This is known as the 3 year bar. In certain situations you may be eligible for a waiver of the 3 year bar. If you have overstayed your visa, call the Burchinow Immigration Law Firm before you leave the US, we can advise you whether the 3 year bar applies and whether you may be eligible for a waiver.
- I came to the US on a student visa, I finished school two years ago and just stayed in the US and even found a good job. Can I go to Mexico for vacation?
Because you had overstayed your visa for more than 12 months, once you leave the US you will not be allowed to return for 10 years, even if your employer would like to sponsor you. This is known as the 10 year bar. If you have overstayed your visa, call the Burchinow Immigration Law Firm before you leave the US, we can advise you whether the 10 year bar applies and whether you may be eligible for a waiver.
- I entered the US on a tourist visa 5 years ago, and have worked without authorization, but am now married to a US citizen and even have children, how can I apply for lawful permanent residence and get my green card?
Since you entered lawfully, with a visa, the US government will allow you to “adjust “ your status to that of a lawful permanent resident and give you a green card even though you had been out of status for a long time and had worked without authorization. The Burchinow Immigration Law Firm can file the necessary documents to obtain legal work authorization and a green card, and you will not have to leave the US which would trigger the 10 year bar. Please let us know if you have had any contact with the police, as this may affect your ability to adjust your status.
- I entered the US illegally, but am now married to a US citizen and children born in the US, can I get my green card?
Because you entered the US illegally, you would have to return to your home country and apply to the US Embassy or Consulate for an immigrant visa to return to the US. Depending on the length of your illegal presence in the US you will be subject to either the 3 / 10 year bar. If you entered the US without documents, call the Burchinow Immigration Law Firm before leaving the US, we can advise you whether there has been any change in the law when President Obama takes office.
