Is any way at all that I can go back to America if I overstayed my 90 day visa by 1 year and 4 days?

I need to know if there is any way at all that I can go back to America. I overstayed my 90 day visa 1 year and 4 days. My fiance came to my home country, France and I want her to Marry me, and then come back to America with her. Is this possible? I don’t even know where to begin or who I should talk to.

Asked on July 11, 2012 under Immigration Law, Minnesota


SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are talking about having overstayed your I-94 by more than a year, you are now barred from reentry to the US for a period of 10 years unless you can get a waiver on the basis of extreme hardship to a US citizen spouse.

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