Can I re-enter the United States after overstaying?

Question

This is my situation.

In 2011, I moved to the United States from Sweden to start at the university. I entered with an F-1 student visa that would last me until 2015, but I messed up school after my last entry to the US in 2012 (my last stamp was a D/S stamp), met my husband and stayed until 2016. I then went back to Sweden due to health issues and have now been back for a year. I never worked there, I just stayed with my husband.

I never received any letter from USCIS stating that I had to leave, there also doesn’t seem to be anything about me in the CBP records. My lawyer looked it up.

Is there any possibility for me to enter the United States again to visit anytime soon, without being completely rejected at Customs and Immigration? I know that technically I shouldn’t be able to enter within 10 years, but I’ve heard that there are certain exceptions when it comes to my case and I might not need a waiver due to my last entry. Can anyone give me any advice on this?

I’m asking more because I want to know if this is something I might be able to fix myself or if it might be impossible without a lawyer?

Answer 1

You have no ban, because you entered with "D/S" on your I-94, so you did not accrue any "unlawful presence" since you didn't stay past the date on your I-94 (since there was no date on your I-94).

However, no ban doesn't mean you can enter. Many foreigners with no bans are denied visas and/or entry all the time. Your entry on either the Visa Waiver Program or on most types of nonimmigrant visa (including visitor or student visas) is subject to the presumption of immigrant intent. Your past overstay will make it likely that they will deny you a visa and/or entry for failing to overcome the presumption of immigrant intent. There is no "waiver" for immigrant intent.