I have been overstayed in USA for 3 years. if i go back to my country, Can i get a new visa?.?

Answer 1

Hope not. You commited a crime, and proved that you can't be trusted to obey our laws. Why would we welcome you back with open arms?

Answer 2

Here's the theory and the practice:

Theoretically, you won't get another temporary visa. The "why" is in your question- you've shown that you violated immigration law and will likely be unable to demonstrate ties to another country.

Practically, a lot depends on how you leave. If there is no record of you leaving, it might not get known/discovered that you've been an overstay. In fact, your original visa might still have validity. When you return, that's when your admission falls into the capability of the CBP inspector on primary. He'll ask the standard questions about what you'll do, how long, and what you do in your native country. If you satisfy him, he'll admit you. If he's sharp, he'll catch you out and you'll be excluded. "Deported" is what happens when you've already been admitted. Exclusion is simpler. If you get caught here before you leave, deportation is an option.

Get your terms clear. A visa is permission to apply for admission. Commonly, a visa is good for ten years. This doesn't mean you can *stay* for ten years, it means you have ten years to arrive and be admitted for a period of time. Admission is the period of time you're allowed to be in the country. Typically it's for 90 days or six months, but can be less.

From what you've said, I think your visa might still be valid. But you've been out of status for a long time. If you get caught, there's a chance you'll be deported. If so, you'll likely be ineligible for another visa for a long time. If you leave without making a ripple, you may be able to get back in, but there are no guarantees.

That's the answer to your question. It seems you've established some ties here. My suggestion is as follows- Find an immigration attorney and apply for adjustment of status. This is a bit complicated, but will give you a better chance of staying within the law and getting back in than sneaking out and hoping you don't get caught.

You've messed up, but it's not the end of the world. Good luck!

Answer 3

Not a tourist visa, certainly. And you'd have a difficult time getting anything else, as you'd need a waiver from immigration. Under US law, once you remained in the US out of legal status for over a year, you are ineligible for any visa for 10 years. No one would consider you for a tourist visa at this point, even if there were no 10 year bar, as clearly, you don't have strong ties to your original country, so you wouldn't qualify.

Answer 4

You probably wont get another visa. It's a crime to overstay a visa, as well, you will probably never be allowed back in or apply for residency (they look down upon these things). You shoudl have done it the legal way, sorry.

Answer 5

Yes, but you have to wait 10 years before you can even try to apply for a new visa.

"Any alien (other than an alien lawfully admitted for permanent residence) who has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure or removal from the United States, is inadmissible."
If you try to apply before 10 years, you will be forever banned from entering the US.

Answer 6

over staying 3 years makes it clear you do not intend to come here as a non-immigrant, so chances are 99.9999999999..... % you will be denied a new visa

i have read two responses from Bbbbb B and did not understand what he is trying to get across. i be gening to tink he bee da illegal

Answer 7

It might depend on what country your from. If you haven't been deported, they probably don't have any record of you being here illegally. You probably wouldn't have any problem. Ask an immigration lawyer.

Answer 8

you need to go back home and reapply after 10 years