If I overstayed my tourist visa for 5 months, am I going to be able to go back to the US?

My husband is in the states and is an American citizen. I had to come back Mexico because of a family emergency. Now that I want to go back home to my husband. However, I’m afraid that I won’t be able to do it. I have a tourist visa. If I try to cross by foot the border with my visa, would I have any problems? What else could I do to come back without having any problem?

Asked on March 18, 2012 under Immigration Law, Texas


SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As long as you were not in the US for more than 180 days past the expiration of your I-94 card, you should be able to return to the US once your husband petitions for you and you get the appropriate immigrant visa.

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