Can Visa Overstay Bars Be Waived?
Question:
I know that because I overstayed my authorized time in the U.S., I have accrued unlawful presence and that I am subject to the three and ten-year bars. Are there any situations in which these bars are automatically waived?
Answer:
Yes. Currently, the three and ten year bars are waived for unlawful presence:
- Prior to a child’s 18th birthday
- While a bona fide asylum application is pending
- While the applicant is under the family unity protection
- For battered women and children