Can I go back to US for my upcoming court hearing even I am out of status?

UPDATED: Sep 30, 2022

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Can I go back to US for my upcoming court hearing even I am out of status?

I overstayed in the U.S. for more than 8 years with a C1/D visa. I went back to my country 4 months ago because my aunt was in a critical condition. Now I’m planning to apply for a tourist visa to attend my court hearing misdemeanor case in 2 months which will be dismissed. I am also aware about the 3/10 year bar for overstaying illegally, however I already checked my I-94 online at CBP/DHS website and there is no record or information about my travel history.

Asked on July 14, 2016 under Immigration Law, New York


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Fairly certain you will be barred from reentry because of the overstay.  The information you looked up online may not be the comprehensive information that's in DHS' possession so you are taking a chance that it will not be discovered.  Good luck and let us know how it goes please.

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