Denver, CO asked in Immigration Law for Colorado

Q: I got into usa on waiver tourist visa (with no intent of staying) but had to overstay it.

My wife got pregnant, and we tried applying for work permit and green card, waiting on response i overstayed around 4-5 months, it got denied because one of the forms couldn't be fee waived, can we still try and apply once more with sufficient fees, as i overstayed due to waiting ?

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1 Lawyer Answer

A: Normally the cut-off for inadmissibility is more than 1 year from the expiration of lawful admission into the US, so you should be able to reapply. You can also submit an I-601 Waiver of Inadmissibility (see Part 4, box17/18). You may want to consider hiring an immigration attorney to advise you along the process.

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