How can return to the U.S. with a temporary visa if I overstay? - EB5Investors.com

How can return to the U.S. with a temporary visa if I overstay?

Due to a series of unplanned events related to my parents’ health, I need to travel to my home country while on my temporary visa. I calculate 3 months at the most, but things could get complicated if their health worsens. How long can I stay outside the U.S. and how can I justify this overstay?

Answers

Renata Duarte

EB-5 Immigration attorneys
Answered on

There’s no universal “maximum time abroad” for most work or visitor categories. Your visa is just an entry document; what matters is that you still qualify for the status when you reenter (e.g., still employed for H‑1B/L‑1; still coming for business/tourism for B‑1/B‑2). F‑1s who are out for over 5 months generally need a new SEVIS record (unless the absence is for approved academic activity and coordinated with the school). Always coordinate with your DSO before you leave.

Lynne Feldman

Lynne Feldman

EB-5 Immigration attorneys
Answered on

I need more details about what type of temporary visa and what are you talking about regarding an overstay.

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