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This was my first time I travel abroad and the first time I have been to Europe. I received a Schengen Visa for a short stay in Germany. I made unintentionally a mistake by overstaying my visa. I thought my stay starts and ends the same dates mentioned in my visa. I did not pay attention to the number of days that mentions how many days the stay should at most last. I am planning to apply for a new Visa but I don't know how to convince the German embassy in my home country to give me the benefit of the doubt knowing that I never made an infraction during my last stay in Germany. That I have always abode by the law. Never been caught fare-dodging. I have my brother in law that lives momentarily in Germany. He could hire a lawyer for me. The question is what can a lawyer do for me. How could the lawyer contest the potential refusal of my next visa application please. What shall the lawyer write to the embassy in order to explain them the misunderstanding so that they can take note of that and consider it the next time I apply for a new Visa please.

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  • It’s probably the job of the lawyer to decide what could be useful to write on your behalf, but above all to tell you what are the chances of it succeeding at all. What were the start and end dates in the itinerary you provided in your application, the dates and duration on your visa, and the actual arrival and departure dates? When did you change your plans? Was there any reason for the change? Did the border officer tell you anything when you left?
    – jcaron
    Commented Aug 11 at 17:13
  • The border officer made me sign a piece of paper stating that I willingly overstayed in Germany. I am afraid this paper will be used against me sometime in the future. Commented Aug 11 at 17:31
  • It will, because you have. But you won't know until you apply again.
    – littleadv
    Commented Aug 11 at 18:40
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    Before you waste money on a lawyer, ask yourself how the authorities would differentiate between someone who accidentally overstays, and another who deliberately overstays and claims it was an 'honest mistake'. Will they even care? And given that you signed a paper saying the overstay was intentional... And protesting that you never broke the law is suspicious. Law-abiding people don't even talk that way – it doesn't enter their mind. Commented Aug 11 at 22:50
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    Apply for a visa, and appeal if it is refused. Bear in mind that you have no right of admittance. Commented Aug 11 at 23:27

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