Arrived in US on visit visa and overstayed

M

michael77

Registered Users (C)
I am currently living in the US on an US visa which expired in 2000. It has been 9 years and it time to go home as I haven't seen my Parents in 9 years.
I was in the US since 1993, I had a DUI charge, which I paid bail on and skipped my court hearing and left the US in 1999. In 2000, I returned on a visit visa and overstayed (BIG mistake) .. my Indian passport has expired and so has my US visa.
Can i go to the consulate and will they be able to renuew it for me, even though i am illegal ?
Will i be able to leave the US without problems from US Immigration ? Will they need to see a valid visa when I leave ?
 
You will have no problems leaving.

You have at least a 10 year ban from entering. Based on your illegal stay, any VO will be hesitant to grant you a new visa. You are o poor risk.

At this time, you are sat risk of being picked up by ICE, detained in immigration detention, and deported. If deported, you chance of ever returning is about 0%.

I am surprised that you do not have a warrant for your arrest for failing to appear at your DUI hearing; you could go to state jail as well as immigration detention.

I suggest that if you do not have some other way to obtain forgiveness for your illegal overstay, that you leave.
 
I agree, you need to leave voluntarily as soon as possible, so you can avoid being arrested and court and possibly jail. Even with leaving voluntarily, you will stilll be subject to a 10 yr ban, but at least it wont be deportation, which will bar you for life.
 
Thank you 'Concerned4us' and Benebenes for your advise. I am trying to get all my paperwork in order, to get my Indian passport renewed. I will need a valid passport to leave the US. Will the Indian Consulate give me any hassles or turn me into the police or will they run any police checks ?
I am married to an American citizen and we have a 14 month old. I always thought the statue of limitations and there would be someway to get my papers sorted out. Thanks again for your advise.
 
Your marriage to a US citizen is an important fact you left out. DO NOT LEAVE THE US WITHOUT OBTAINING GC FIRST. (Yes I am screaming!) Look at the GC for family members section in the forum. Since you legally entered and overstayed, you illegal stay is "forgiven" on the basis of your marriage to a US citizen. It is essential that you NOT leave the US until you have this straighted out otherwise you incur a 10 year bar from reentry.

You should take a consultation with am immigration attorney who can assist you in understanding and initiating the process given that you appear to have some urgency to your travel plans.
 
Hi 'Concerned4us' - thank you once again. From your post, you state that I am eligible for a green card - however, I do have a DUI that I did not pay the price for in 1999 - and I skipped my court hearing, so I would probably still have a warrant out for my arrest .... would that impact my case or eligibility for a Green card ?
 
Talk to a good attorney. There is a chance you may get your green card. Do not leave the US until you either get your green card or your lawyer cannot get you one!!!

michael77 said:
From your post, you state that I am eligible for a green card - however, I do have a DUI that I did not pay the price for in 1999 - and I skipped my court hearing, so I would probably still have a warrant out for my arrest .... would that impact my case or eligibility for a Green card ?
Click to expand...
 
With this background, it is essential that you engage an attorney. A firm with both immigration and criminal specialists would be your best choice as you must take care of any warrants remaining from your DUI.

Don't waste time posting to forums. Take your wife and get an attorney immediately! It won't be easy, fast, or cheap, but I suspect there is hope for a good outcome - eventually.
 
Thank you once again 'Concerned4us' and 'TripleCitizen' for your advise.

I called another attorney and due to my past charge they said it will eventually end up in deportation. The only hope, if I stick around, is some changes towards immigration reform in the senate.
What should i do ?
 
JerseyCouple

dude, whatever it is that you did (dui, court no-shows) I cant help but see a positive ending to this since you have married a US citizen and have apparently moved onto a responsible life. Keep talking to attorneys till you find the right one who has the balls and vision to project your case in the right light - whatever you did (though, I am not a lawyer) it does not sound or appear that bad. keep trying, all the best!
 
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