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AOS and past visa overstay

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  • AOS and past visa overstay

    I was hoping to find some more information on whether a past visa overstay for an L2 visa holder would affect the filing of an AOS application if the US Consulate forgave the overstay and issued a new visa and that person is now back in the US in legal status?

    Thanks!

  • #2
    What category are they immigrating in? What do you mean they "forgave"? (They granted a nonimmigrant waiver, or there was no ban?) What did it say on the I-94 that they overstayed? (A date or D/S?) If a date, how long did they stay past that date? How long ago did they leave? Did they have a pending Extension of Stay/Change of Status/etc. application at the time?

    This is my personal opinion and is not to be construed as legal advice.

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