WOULD I HAVE PROBLEMS GETTING B2 VISA?

[englishinaz 0]

i am a british citizen who recently left america on may 2nd (2010) after my student visa expired. technically it expired may 15th of 2009 so i was out of status for just under a year. i have read that student visas hold no specific date when you have to leave the country, but that you must remain in full time studies to stay legal on it. this is the rule i have broken as i did not study for the last 11 months of my time in america -- so, if i applied for a B2 visa to return to america would i have any problems getting it considering my past overstay?

i would appreciate any and all advice surrounding this matter

[Darnell 8,480]

have you looked into the Visa Waiver Program, ESTA, and see if you qualify, first?

[englishinaz 0]

have you looked into the Visa Waiver Program, ESTA, and see if you qualify, first?

thanx darnell! i am sure i am eligible but i will double check by filling out that online form first.

do u have any information more specific to my hope of receiving a B2 visa? considering my prior student visa violation. however minor it was.

[Boiler 48,068]

Two questions will arise:

Why did you overstay

What were you doing whilst you were overstaying

Passing ESTA does not mean you have no issues. The POE is another matter.

[Harsh_77 718]

I agree with Boiler, they will definately ask you, wht were u doing while you were not studying?

Why you want to visit again?

[maherforever 8]

I agree with Boiler, they will definately ask you, wht were u doing while you were not studying?

Why you want to visit again?

Why you want to visit again?

I don't think this is any of your bussiness is it? Why is this question revelant or even related to the OP original questions?

Maher

[spectrrr 14]

I'm a relative newbie to this, but if I was the POE officer, I would be looking at it from the perspective of "he broke the rules once, so he better have a good sales pitch as to why I should risk giving him the opportunity to do so again". Part of that thinking would absolutely include "why did you overstay, what were you doing, and are you planning on doing that again.... if not, what exactly are you planning on doing this trip?"

Maybe those questions can seem a bit invasive, but they are absolutely questions that you are likely to be asked if you try to return on a B2 or Visa Waiver/ESTA, and you should absolutely have to have a solid answer prepared for them. Likewise, if you decide to share those answers with us, we can try to play devil's advocate and tell you how we think it looks from the other point of view, and maybe give you a chance to refine your answers before having to bet your entry into the country on them.

At the end of the day however, I would strongly encourage you to check with a competent immigration attorney. Simple things like this have the potential to quickly spiral into a 10 year ban, waiver paperwork to file, and a whole lot of extra time and money..... Maybe it's nothing... but the potential is there, so why take the chance?

[Harsh_77 718]

Why you want to visit again?

I don't think this is any of your bussiness is it? Why is this question revelant or even related to the OP original questions?

Maher

Lol, I dont care for what she is visiting again for, that was list of common question consular would be asking the thread starter.

[englishinaz 0]

I'm a relative newbie to this, but if I was the POE officer, I would be looking at it from the perspective of "he broke the rules once, so he better have a good sales pitch as to why I should risk giving him the opportunity to do so again". Part of that thinking would absolutely include "why did you overstay, what were you doing, and are you planning on doing that again.... if not, what exactly are you planning on doing this trip?"

Maybe those questions can seem a bit invasive, but they are absolutely questions that you are likely to be asked if you try to return on a B2 or Visa Waiver/ESTA, and you should absolutely have to have a solid answer prepared for them. Likewise, if you decide to share those answers with us, we can try to play devil's advocate and tell you how we think it looks from the other point of view, and maybe give you a chance to refine your answers before having to bet your entry into the country on them.

At the end of the day however, I would strongly encourage you to check with a competent immigration attorney. Simple things like this have the potential to quickly spiral into a 10 year ban, waiver paperwork to file, and a whole lot of extra time and money..... Maybe it's nothing... but the potential is there, so why take the chance?

my answers would be:

1. why did u overstay? i overstayed because i wanted to look into further education at possible 4 year universities. in the end i could not afford any of their out of state tuition fees so decided to leave.

2. what were you doing? i stayed with my host family and took time out to travel to various universities in the state. i also enjoyed traveling about seeing the various tourist sites of the places i visited.

3. what are you planning on doing this trip? i plan on visiting friends and seeing more of the state.

[Boiler 48,068]

The problem I see is that you spent nearly a year in the US, the Uni thing could be done in a week.

They will be wondering how you could spend so long without working. Especially as you can not afford the fees. Something that could have been ascertained with a couple of phone calls.

Their supposition will be that not only did you overstay but you were working without authorisation. Something you need to deal with.