VISA Waiver overstay/B2 visa application

[Ghostrider10 0]

Hi, first off a little brief story of my case, i was brought to the U.S. on a visa waiver program for argentinians back in '02 (i was 10 years old), we overstayed for 10 years wich i understand puts me in a 2 year overstay since i overstayed after i turned 18 and left the U.S when i was 20, my parents forced me to come back to argentina. i left my friends everything i knew. however can i apply for a B-2 and if it gets denied due to the 10 year ban can i waive it with an 1-212? or am i basically screwed and wont be able to visit my friends for 10 years..? and one more thing...is there any way that if i show enough ties to argentina that theyll understand that i dont want to stay and visit my friends and theyll even consider accepting it? thanks.. again im not looking for sympathy i jsut want straight up answers.

[VanessaTony 3,567]

Honestly... most likely you will not be approved and will have to wait out the ban... and even after the ban is over you will have real problems getting a visitor visa. You need to show STRONG ties to your home country like that you own a house, that you have kids and a husband.. STRONG ties. Usually smaller stuff like a job letter, and a lease will be fine but given you have a LARGE previous overstay (though only 2 years is used against you for the ban it's still 10 years you were illegal) they will want more.. and even then, again, there is no guarantee.

Basically it looks like they should come to you.

[Ghostrider10 0]

ouch... i guess imma rent some movies until my 10 years are over haha... i want to be back this blows.

[Brother Hesekiel 2,236]

You will never, ever, be able to get a non-immigrant visa to the U.S. again as long as you live.

Understand this: the 10-year bar means "hell no!" Once the bar has been served, you can apply for a B2 like anybody else. Such a visa petition would be denied, based on your history of overstay and your still existing ties to the United States. In plain English: you are screwed, more than you think.

The only way you will ever be able to set foot on U.S .soil is if your husband, who is a U.S. citizen, will file an I-130 for you, after 2022.

[NancyNguyen 1,657]

Well this is a straight up answer. There is no waiver approved for a tourist.

[Noah Lot 391]

Before any sort of waiver could be considered, the VO would first have to be convinced that you would not abuse a tourist visa again...which is not likely. An I-212- has no bearing for the moment because you are currently inadmissable for ten years from the date you left the US and you have yet to overcome 214b...in addition, the US taxpayers shelled out many thousands of dollars for your public school education...money we will never get back...so finding a sympathetic VO will prove to be an impossible task.

[a234 0]

Tough situation to be in. I guess the only option is to pray about it. It's really harsh that your parents forced you into the illegal act of overstaying the visa at age 10. Also it would have been hard to leave at 17 on your own volition, before you turned 18. Pray about it and who knows? I've seen bigger miracles happen..

[Ghostrider10 0]

thank you for your positive feedback "a234".... No government can overcome God's will... and we need more people like u instead of all these ignorant negative ppl.

[Ghostrider10 0]

No i take responsablity of everything even tho i didnt have any authority into wat happened.... but just Know that you should not Doubt God's power.

[Krikit 1,164]

Many posts, and those quoting them, have been removed for TOS violations. As well, a number of members have been thread-banned. Please answer the question and do not pass judgement. Thank you.

[Boiler 45,654]

There is a non immigrant waiver, whether the CO would recommend you for one any time soon seems unlikely.

You are correct in that if you had left before the age of 18 you would have no ban, but still be very unlikely to be granted a visitors visa for obvious reasons.

Whether you will ever be able to get a visitors visa, I do not know, I do know it is theoretically feasible.

In the meantime, I suggest they visit you.

[Harsh_77 718]

Hi, first off a little brief story of my case, i was brought to the U.S. on a visa waiver program for argentinians back in '02 (i was 10 years old), we overstayed for 10 years wich i understand puts me in a 2 year overstay since i overstayed after i turned 18 and left the U.S when i was 20, my parents forced me to come back to argentina. i left my friends everything i knew. however can i apply for a B-2 and if it gets denied due to the 10 year ban can i waive it with an 1-212? or am i basically screwed and wont be able to visit my friends for 10 years..? and one more thing...is there any way that if i show enough ties to argentina that theyll understand that i dont want to stay and visit my friends and theyll even consider accepting it? thanks.. again im not looking for sympathy i jsut want straight up answers.

Why is your timeline saying K1?

If you have filed for K1 then it certainly means your not trying to get B1/2 just to visit your so called friend?

Once you overstay CO will always have it in back of their mind that once they approve you and you land in US your mind would change and you would not want to return back to your home country.

[Ghostrider10 0]

Why is your timeline saying K1?

If you have filed for K1 then it certainly means your not trying to get B1/2 just to visit your so called friend?

Once you overstay CO will always have it in back of their mind that once they approve you and you land in US your mind would change and you would not want to return back to your home country.

IM on the K-1 because i filed for a K-1 back in october with my girlfriend... but i just wanted to see what were my chances in doing it on my own just to visit... however my fiancee is a U.S. citizen so im ill have to go thru the extreeme hardship regardles... but i wanted to see if i could do things other ways

[Boiler 45,654]

Chances look low but all we know if what you have posted.

Certainly theoretically possible.

[Harsh_77 718]

To me here is the summary of your case:

VWP – Overstay

K1 – petition filed

B1/2 – wanting to apply

Chances of B1/2 getting approved with prior history and K1 petition are practically zero, legally there is nothing that stops you from applying.

With K1 in process it clearly indicates you are not looking for vacation in US which would be your stated purpose on DS-160.

I could be wrong, someone here can correct me, if you have ban than there is no hardship waiver for K1 it is only applicable to CR1