Baldwin, NY Immigration Law Firms & Lawyers

Legally, you did not become inadmissible for overstaying just 1 day: the law would have barred your re-entry for 3 years if you overstayed 180 days or longer. On the other hand, a U.S. consul has a nearly unfettered discretion to deny a visa application, and does not have to state a reason for a denial to the applicant. One can suspect that a consular officer might wish to have a reason for a denial of a visa that he/she could articulate to his/her superior (just in case). If so, your 1-day overstay might be useful as an excuse for a denial, even though it is, without a doubt, a very minor violation. I guess, there is only one way to find out - by applying for a visa: if you get it, you will know that your overstay went unnoticed or disregarded; if you don't, you will know that you have a problem. At your visa interview, be ready to explain candidly what caused your overstay, but do not bring up the subject if the consular officer does not say anything about it.

You better talk to a lawyer since you may have to file for a waiver of your conditional residence if you are still a conditional resident. Do not cut corners and try to deal it yourself . A lawyer can walk you through the process to save your green card.

Assuming that there is no disability such as fraud, crimes, or a permanent bar through reentering the US illegally after a prior stay of illegality after April 1, 1997, or a prior removal, you would likely be able to reenter with permanent residence so long as the marriage is seen as bona fide and you are not barred by any of the other grounds of inadmissibility, e.g. member of Communist Party or terrorist organization, drug addiction, etc.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.