foxy247

Hi

I went to florida in sept 94 on a visa waiver but overstayed my welcome & left in april 97, would i be able to get a visa for a family holiday, any help would be grateful,

Noorah101

If you incurred a 10-year ban because of your lengthy overstay, it should be over by now.

However, we cannot predict whether you'll GET a B1/B2. But you can apply.

Rene

ian-mstm

The day you left the US, you triggered a mandatory 10-year ban from returning.


AFAIK (and I'm willing to admit I could be mistaken), the ban - even though expired - makes you inadmissable, so a visa will likely be denied. Once the visa is denied, you can apply for a waiver of that inadmissibility and see what happens. You don't want to do it on your own though... it isn't a do-it-yourself project - you'll want an experienced immigration attorney on your side. And... it won't be inexpensive!

Ian

scrubbedexpat099

The ban is over, no waiver needed.

Whether you can get a B2, you have to pay to find out.

discoviking

I'm afraid you are mistaken on that one, Ian. In general, once the 10 year ban is spent outside the US, a person is no longer inadmissable for the overstay.

Also, my memory is fuzzy on which date the 96 law changes went into effect, so I'm not clear on what kind of penalty OP actually may have incurred by overstaying.

That being said, depending on the specifics of what actually occurred in OP's case and OP's current situation (neither of which we have any information on), there is of course no guarantee that a Consular Officer won't find other inadmissabilities during a visa interview and deny a B1/B2. A denial for 'not enough ties to home country' is certainly a real possibility given OP's immigration history.

Of course we have no way of predicting whether OP will be granted a B1/B2 or not, there is only one way for OP to find out. The only thing we can state with some certainty, is that OP is no longer eligible to use the Visa Waiver Program.

S Folinsky

You may want a legal consultation. I have read your post as saying that you came to the US in September 94 and left in April 97. I see no mention of subsequent entries. I see no mention of the nature of your departure.

An attorney will be able to ascertain the correct facts and perhaps give you correct advice.

dreamercon

Only unlawful presence accumulated after April 1, 1997 counts. So you may not have been subject to the bar to begin with.

foxy247

Hi all

Thanks for the swift responces, just to try & shed some light on my departure, before i left I had my passport stolen so a new 6 month restriction one was issued, this in mind the visa waiver was also missing on my departure, I left on my own accord with no problems & have never returned, hope this answers a few questions,

scrubbedexpat099

So as far as they are concerned you are still there.

When did you leave, do you have evidence of your departure so you can get the 10 year clock ticking.

lansbury

Why would it be a ten year ban. Only overstay after April 1st 1997 counts and he left in that April so at most 30 days overstay counts. Or am I being too logical.

scrubbedexpat099

Quite right, I thought it was another thread.

Too much sun.