Jump to content

B-2 overstay - Now want to enter the US again for 6 months


4 posts in this topic

Recommended Posts

Filed: Timeline


My situation is this:

In 2007 I entered the US on a B-2 visa and was allowed 6 months of stay. I applied for an extension, which was denied Feb 1, 2008. I didn't quite understand what was going on and had a long correspondence with USCIS, until Apr 1, 2008. I left the country on Apr 10. Removal proceedings were opened against me and terminated when I gave proof of my leaving the country.

Now, I want to enter the US again for 6 months.

From what I read here, I am out of status now and my visa is voided. Do I have a ban? Do I need to apply for an ineligibility waiver? Where do I do this? Can I apply for a new tourist visa? What are the chances that I get a new visa?

Thank you for your help!

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Nigeria

you cannot enter with the old visa since you overstayed on it even to the point of removal proceedings started.

now getting another visa is another issue as you now have a history with them.

As for knowing if you have a ban. I think if you have an overstay of 0-180 days that incurs 3 years ban.

GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).

01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK

N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)

mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23
Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ireland

You will be turned back if you try and use the old visa, and loose the airfare and if they realise you knew you weren;t supposed to do that, it will look bad for you.

It sounds like you may have a ban, it depends on what exactly happened with the removal proceedings, and how long you overstayed.

You can apply for a new tourist visa, but even if there is no ban, it may be hard to get as they will fear you overstayiong again- after all, it has only bee 5 years since your last overstay. Why do you need 6 months in the USA? You MAY (and this is just speculation) have a better chance trying for a couple of short visits,a week or two, to show you can be trusted now.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Link to comment
Share on other sites

Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
  • Create New...