My 3 month visit visa is expired,can i leave and come back at a later date?

i am an irish citizen living with my american wife in mi the last 5 months,i have been working on my paper work for the green card,but have not turned it in to be processed yet.but we have decided to move back to Ireland for a few years with our 2 month old son.because i have over stayed my 3 months visa,will i have any problems re-entering in the future?

Fred S

Yes. You should have a problem re-entering in the future without a visa.

By violating the terms of your admission under the VWP, you cannot use it again. Any alien who was previously admitted without a visa under section 217, must not have failed to comply with the conditions of any previous admission as such a nonimmigrant to be eligible to use the program again.

You no longer meet the requirements for admission under the VWP program.

Xavier

Any immigration violation could be used as a means to prevent you from re-entering the country.

Continuing to overstay on an expired visa will probably only make the situation worse.

Whether you choose to leave on your own accord or have Immigration deport you can play a huge matter in whether you get to come back at all.

It might be better to get yourself straightened away first, go to Ireland, look for a place for your family to move to and then have your wife and child move over after. It isn't the best solution to keep everyone together but immigration will look at expired visas as a person that they wil want to deport.

Marine5

Yes you will have problems...
Why would you ask ???
You already know the answer as
you already stated that you over stayed
your Visitors VISA...

The Fact that you are Married to a US Citizen
does not mean anything at this point...

You have to be out of the Country to
even file for your Green Card...

jackson

You already over stayed so the green card would turn into a huge issue.

Basically what you need to do is scoot out of the country as quick as is manageable.

Once back in Ireland report your passport as lost and get a new one.... ie. a clean one with no visa stamps. Your wife needs to contact the US embassy and start the paperwork for you to get a US visa.

Since she is a US citizen all of this will not be a huge deal. She though will have to take the steps.

While you are in Ireland make sure you register your son with the Irish government. You can do this in the US as well.

That way he can hold both passports.

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