hi,

I am not sure about your overstay, but I had the following case that once I was waiting for the renewal of my resident permit and my existing permit expired. I had to travel outside Switzerland/Schengen area, I went to canton population in Onex and they issued me a visa on my passport so that I could come back to Switzerland. I would try the same.

Good luck,

Murat

Have you applied for this in Switzerland? If so usually you can get a letter stating your application is in process. You need to return to where you applied. 

Also, normally the Swiss authorities do not require that you not leave the country while your application is being processed. 

Over all though, you should really talk to the authorities about it to be sure. 

Sorry, for point #3, you usually have to a Swiss embassy to pick the visa that goes into you passport, if you need that. 

I'm now a bit confused as to where you applied. 

Standard processing is to apply for a "D" type national visa (visa type that can be converted to a residence permit once in Switzerland, e.g. for employment, family reunion, student, etc.) abroad. However, the Geneva authorities in the past sometimes accept(ed) "direct" applications in Geneva from nationals who don't need a visa to enter Switzerland for visitor/business purposes for up to 90 days within 180 days.

Without residence permit / D visa in your passport and waiting for the residence permit, US citizens are allowed to stay in Switzerland and the other Schengen countries for up to 90 days within any 180 day period.

Overstaying may have adverse consequences, e.g. a fine, deportation, entry ban for a certain period, etc. The border control is a typical, but not the only possibility for he authorities to "catch" you.

If you overstayed and want to return to the Schengen area, you should do this with a D visa in your passport as this "overrides" the overstay. 

To be on the safe side, you should inform the OCPM (Geneva cantonal migration authorities where you filed your "M" form) that you are planning to return to the US while waiting for their decision, and of your place of residence in order for them to send the visa approval to the right Swiss consulate general / the Swiss embassy. You will then need to collect your D visa at the indicated diplomatic mission upon the Geneva authorities.

If your mom is a swiss citezen then apply for a swiss citizenship, you have a right to it.

I applied within Switzerland, in Geneva.

thanks for you help! it is greatly appreciated

I am in the process of applying, it requires alot of paper work and because I am 21, i will have to go through a interview process as well.  The residency permit is the first step as i looks much better when applying for citizenship if you have a permit before hand.

Thanks for your input!

do you think that it would be better to apply for the D rather than the formulaire M? would it be wise to submit both? i have already submitted the formulaire m so i may be stuck with that one.