Asked in Immigration Law for New York

Q: How to prove my overstay was due to human trafficking?

Dear Sir, I was traveling to a pacifics island ona work permit back in 2013 I had my transit via USA which I was given C1 transit visa for 29 days however my employer agreed to come to the airport JFK and give the nessecary documents for the rest of the journey by he didnt show up and I was stranded in nyc for 4 months with friends help and finally was able to return home overstaying less than 180 days...which I was able to know once I return. I was scamed with a fake job offer which I paid money and since then there wasnt any news from the agent. so my question is im.planning to do my MBA in a US university and will this record effect my chances of getting a student visa? and I heard that us provides pardones for victims of human trafficking related overstays...I still.posses all the documents that I was given by the agent and tickets everything to prove my case. so It will be very much helpfull to get your insights regarding the issue...thank you

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2 Lawyer Answers
Leonard R. Boyer
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Answered
  • Immigration Law Lawyer
  • Clifton, NJ

A: This is not human trafficking. An immigration officer at the port of entry can admit a person holding a C-1 transit visa for the duration determined by him/her, but for a maximum duration of 29 days. You must leave the U.S. on the proposed flight or ship of departure, or within 29 days, whichever is earlier. You were out of status without a valid reason. 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.

Hector E. Quiroga
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Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: First of all, this wasn’t a case of human trafficking, at least based on the way you described it. You didn’t trip the three-year bar (and even if you did, you’ve been out of the US for more than that).

Your best bet is to move forward with the student visa process, and if the issue comes up at an interview, be prepared to explain what happened. It is so hard to anticipate how consular officials will treat a given case, but based on what you’ve said, there is nothing to indicate you can’t explain your circumstances if they come up.

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