Over stay

[Nakai & Vic 15]

If you over stay on a tourist visa, will you be banned?

[NigeriaorBust 4,087]

Depend on the overstay, the first ban will kick in at 6 months overstay , the second at one year. Any overstay and you can basically forget using the visa again ( assuming it was a multi entry)

[canadian_wife 1,791]

How long was the overstay?

good luck

[Nakai & Vic 15]

Not for me, was having a discussion this morning with a friend, she knows someone who over stayed on tourist but went back on their own, and now wants to come on a spousal petition, and I was wondering if that would have an effect.

[NigeriaorBust 4,087]

6 months = 3 year bar Greater than a year = 10 year bar

[aaron2020 11,651]

Not for me, was having a discussion this morning with a friend, she knows someone who over stayed on tourist but went back on their own, and now wants to come on a spousal petition, and I was wondering if that would have an effect.

If the person overstayed less than 180 days, then no problem.

If the person overstayed more than 180 days, then there is a 3 years ban after leaving the U.S.

If the person overstayed for more than 1 year, then there is a 10 years ban after leaving the U.S.

If there is an active ban, then the spousal visa will be denied. The petitioner will want to file a hardship waiver after the denial.