Bronx, NY asked in Family Law, Immigration Law and Personal Injury for New York

Q: Can I re enter US if my i-130 is accepted?

Hi. I entered the US in a B2 visa. My dad here applied for me and my mom through i-130. I have overstayed my visa by more than a year. My i-130 is still pending. I am 19 years old. If i leave the US, can I re enter or get an immigrant visa if my i-130 is accepted while I am outside of the US?

2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Immigration Law Lawyer
  • Brooklyn, NY

A: Your situation requires an in person consultation and document review by an experienced immigration attorney.Immigration law is changing almost daily now and it is unwise to put it charitably to try to represent yourself in an immigration matter. Only an Immigration attorney has the expertise to properly fill out immigration forms and put together the right package of documents and other evidence to support the immigration benefits you are trying to obtain. However, especially in these turbulent times, you really need to retain an immigration attorney. This is not a do-it-yourself project! You should focus on retaining experienced immigration counsel, especially now that immigration is much more restrictive since Trump is now President. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you retain their law firm. Do not let geographic restrictions prevent you from obtaining the best possible attorney. Good luck.

Matthew Borowski Esq
Matthew Borowski Esq
Answered
  • Immigration Law Lawyer
  • Buffalo, NY
  • Licensed in New York

A: If you overstay in the U.S. for over one year, and depart the country, you will have a 10 year unlawful presence bar and cannot re-enter the U.S.

I recommend you speak with a good immigration lawyer about your eligibility to adjust status once the I-130 is approved. If your father is a U.S. citizen, you may have been eligible to apply for adjustment of status concurrently.

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