I went to the USA to travel and visit, and I met a girl there. We got serious and went to see an immigration lawyer, who advised me to stay if I was going to get married, it cancels the overstay he said. Due to financial pressure, my girlfriend and I broke up.

We had been together for2 years at this point, but due to moving to a more expensive city we fell apart. I couldn't afford to fly home and stayed on friends sofa's for a while. Eventually my family pitched in to get me back home. Iwas never arrested or had any run-ins with the police.

I never even thought I'd date anyone from the USA. I left of my own accord and was never stopped or questioned on the way out.

The only question I was asked was in England. They asked about my passport as it got water damage.

Immigration advice relevant to my situationhas been hard to find, and I don't know any lawyers. Is there any advice you can offer?

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    Hi. What's your question exactly? Are you looking to return to the US? – Zach Lipton Jul 23 '18 at 20:20
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    It's not clear what specific question you're asking, or what you wish to do. Unfortunately, a question simply asking for advice is considered too broad for this site. We expect posts on this site to be about specific issues and specific questions with answers that are based on facts. – gparyani Jul 23 '18 at 20:21
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    "I don't know any lawyers". Lawyers can be found in any town of a decent size. – DJClayworth Jul 23 '18 at 20:40
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    What is and stayed on friends sofa's for a while. How long beyond your ESTA did you overstay? – user 56513 Jul 23 '18 at 20:51
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    "Immigration advice has been hard to find": Immigration advice is also necessary only if you intend to return to the US. If you stay away from the US for the rest of your life, you have nothing to worry about. If you want to return at some point, things get more complicated. – phoog Jul 23 '18 at 21:37


If you got married to the US citizen while still in the US you could have applied for adjustment of status to permanent residence despite the overstay, effectively rendering the overstay moot but as you didn't actually go through with the marriage and left the country that doesn't help you.

If you overstay on the visa waiver program you are no longer eligable to use the program and will need to apply for a visa for any future travel to the US. Furthermore you will immediately start acruing unlawful presence. If you leave the US after acruing more than 180 days of unlawful prescence you get a 3 year ban. Leaving with more than 365 days of unlawful prescence gets you a 10 year ban.

So if you spent all of the 2 years you have "been together" in the US following a single VWP entry then you have a 10 year ban.

Even if you have no ban a past overstay is likely to weigh against you in getting a visa in the future.

Despite not having any obvious exit checks the US does record exits. So lying to US authorities about your overstay is likely a bad plan.

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    There is a waiver available for those with a ban, but the chance of qualifying is obviously going to be small. Given the facts presented in the question, it seems likely that James J has a 10-year ban, starting from his departure from the US. – phoog Jul 23 '18 at 21:41

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