Reentry after overstay 10 years ago

[BugDroid 0]

Hi

In 2000, by the age of 20, I visited the US using the VWP (I am a german citizen)

I ended up overstaying the 3 months for about 4 weeks, thinking this wouldnt be a big issue. When I tried to leave the country crossing the border to Canada in Niagara Falls, the guys there eventually told me that it rather is a big issue.

So long story short, they brought me to a detention center in Buffalo and would deport me after about 2 months, hading me a paper that said I wouldnt be allowed to enter the US for 10 years.

Back in Germany I was talking to an immigration lawyer. He said that it wouldnt be a problem to get rid of the 10 year ban since I wasnt supposed to get it in the first place for such a small overstay.

But still kinda shocked how I was treaded I didnt care and had no intention to travel to the US for years.

well now the 10 years are over anyway. In 2014 I went to the US embassy in Berlin to get a visa to travel to the US again since obviosly I am not allowed to use the VWP anymore.

At the desk I provided documents that state that I am runnig a business, have a good income, own a apartment, have money in my account and so on. But the lady wasnt interested in any of that. She told me I have to show her proof that I am not intending to overstay my visa again. She also meant that it would be nearly impossible for someone that already overstayed to get another chance...

What would you do in my case, any help is very apreciated!

[Starkilla09 366]

Ya, the consular officer was right. With an overstay record it's almost impossible to get a new non-immigrant visa even with new solid ties. Consideration is normally taken if you can provide solid evidence that the overstay occurred through conditions beyond your control such as critical health reasons or other crazy conditions involving you being a victim of a crime or something. Even with those it can still be difficult to overcome it. Once that consular trust is broken by an overstay it's a steep hill to climb. Only an immigrant visa will now be capable of overcoming this.

Edited April 21, 2016 by Starkilla09

[EM_Vandaveer 2,438]

There is not much you can do. You have overstayed before, so it's hard to prove you won't do it again. 10-year ban was for being deported. If it was just for the overstay there would not have been a ban. (No ban for overstay less than 180 days, 3-year ban for 180 days to 365 days overstay, 10-year ban for overstay longer than 365 days.)

[Boiler 47,685]

they brought me to a detention center in Buffalo and would deport me after about 2 months

not the overstay, the above, very very unusual.

Probably more to the story.

[az2014 381]

You already overstayed by choice, why would they believe you this time?

Simple answer is they dont have to.

[KierenHby 900]

She told me I have to show her proof that I am not intending to overstay my visa again. She also meant that it would be nearly impossible for someone that already overstayed to get another chance...

She has a point !!