B2 Visa Declined

[Rich&Ashmani 8]

My sister in law just had her B2 visa declined and I am wondering where we go from here.

 

Background: Country is Guyana. She visited the US a total of three times. Two of those visits were 6 months each (signed off at the POE, allowable through the visa). The third visit was right before Covid. Since the world shut down she overstayed by months. She was supposed to have left MAR2020 and Guyana would not accept her back until NOV2020. She tried to visit the US about two years ago and they revoked her visa on the spot. Just this morning (25JUN2025) they told her they cannot approve her [new B2] application “at this time” because she abused her visa by staying 6 months on the first two visits.  Not anything to do with the overstay during Covid, but rather the legal stays that occurred 8 and 6 years ago respectively. Also, she went with proof of the plane tickets I bought every month trying to get her home that were subsequently cancelled by the airlines; a notarized letter from myself explaining everything; email communications I had with the US embassy stateside in FEB2020 when the writing was on the wall and they said not to worry.

 

What are we to do now? Ask for a manager (being facetious)? Apply in a month? A year? Never? The way the rules (law?) is written says if you overstay you have to wait up to 10 years but that was never cited during the interview as the reason which gives me a slight amount of hope. 

[milimelo 4,736]

What did she put the first time she applied for tourist visa - length of stay? I can't imagine she put 6 months on DS-160. 

[OldUser 9,879]

Declined? Typically denied or refused.

Those are different things.

 

1 hour ago, Rich&Ashmani said:

What are we to do now? 

Not much you can do other then applying again in the future, but she may never get her visitor's visa again.

Edited June 25 by OldUser

[appleblossom 4,401]

If she overstayed by 8 months then she triggered a 3 year ban, which presumably was still in effect when she tried to enter 2 years ago? 

 

When were her first two visits and how much time between them? If they said she abused her B visa privileges then it sounds as though they were close together and they suspected she was trying to ‘live’ in the US on a tourist visa. Or possibly they suspected she was working? How did she support herself for so long without income? 

 

I don’t see her getting any visa for a long time with that history, ideally she’d leave it a few years before trying again. 

Edited June 25 by appleblossom

[Boiler 47,456]

The obligation was not to go back to Ghana it was to leave the US.

 

What does she do that gives her 6 months vacation, and what was she doing in the US?

[smilingstone 594]

8 hours ago, Rich&Ashmani said:

told her they cannot approve her [new B2] application “at this time” because she abused her visa by staying 6 months on the first two visits. 

 

It's their right to deny and revoke if they suspect immigrant intent, which she has a recorded history of by overstaying beyond 6 months in all 3 visits. I'm surprised she made it beyond the first overstay. "Asking for the manager" won't change anything. 

[Boiler 47,456]

Seems she overstayed once and maxed out twice.

[Rich&Ashmani 8]

10 hours ago, milimelo said:

What did she put the first time she applied for tourist visa - length of stay? I can't imagine she put 6 months on DS-160. 

The first time I am not sure. It was so many years ago. This most recent one, one month stay for an arbitrary date in 2026.

 

9 hours ago, OldUser said:

Declined? Typically denied or refused.

Those are different things.

 

Not much you can do other then applying again in the future, but she may never get her visitor's visa again.

The form she received says “denial.”

 

5 hours ago, appleblossom said:

If she overstayed by 8 months then she triggered a 3 year ban, which presumably was still in effect when she tried to enter 2 years ago? 

 

When were her first two visits and how much time between them? If they said she abused her B visa privileges then it sounds as though they were close together and they suspected she was trying to ‘live’ in the US on a tourist visa. Or possibly they suspected she was working? How did she support herself for so long without income? 

 

I don’t see her getting any visa for a long time with that history, ideally she’d leave it a few years before trying again. 

She stayed for 6 months in 2016, left in 2016; came back for 6 months in 2018, left; came for a scheduled 6 months in NOV2019 to leave MAR2020 but covid prevented that until NOV2020. Tried to come back in 2022 and had visa revoked while still in Guyana. If all my math is correct, writing this at 1am. Ultimately two six month visits with a year and change between, then the covid visit that lasted way too long. 
 

I completely understand their questions of how did she sustain life here so long if not working. She was just at my house basically watching my kids (her nephews) the whole time while Mrs and I were at work. Very boring. Nothing exciting. 

3 hours ago, Boiler said:

The obligation was not to go back to Ghana it was to leave the US.

 

What does she do that gives her 6 months vacation, and what was she doing in the US?

That makes sense from the US perspective. At the time, I knew of no where I could try to send her other than home. Officer today asked why we didn’t file for an extension of which I did not even know was an option.

 

She did not work. Was young (still is I suppose) with no kids and no husband so nothing else to do. It was cheaper for us to fly her over to watch the kids than pay for daycare plus she gets to spend time with family in the states. Super poor in Guyana so nearly anything was better than sitting at home with no electricity.

2 hours ago, smilingstone said:

 

It's their right to deny and revoke if they suspect immigrant intent, which she has a recorded history of by overstaying beyond 6 months in all 3 visits. I'm surprised she made it beyond the first overstay. "Asking for the manager" won't change anything. 

She only overstayed when covid happened. The first two visits were 6 months via plane tickets and POE officer written in passport (was still hand written during those visits) so nothing was hidden from anyone or flights changed to stay longer. Maybe ignorance on my part but I saw you could stay for up to 6 months so I figured why not get the most out of it. Well, now I know why. (Manager comment was just being sarcastic)

 

———

I wrote the OP while at work. When I came home she sent me these pictures of the paper she was given. Verbally the officer told her that she abused the 6 month rule (law?) on the first two visits. Did not care/mention/cite the overstay during Covid other than asking why she didn’t file for an extension. The paper makes more sense to me as well as writing out all of these replies. While *i* know she isn’t coming here to work, *they* do not. She really doesn’t have anything to make her obligated to return home. No land, kids, husband. She works now but only for the last year or so. Any individual reason does not mean much (I think) but the combination of so many, I can see how an officer could come to the conclusion they did. It sucks for us obviously but if we try again in a year or two or three, are we not just stacking up losses that have to be annotated when applying? Only further hurting her chances? 

[Boiler 47,456]

Ouch, I doubt she will get a Visitor Visa anytime soon with that back story. A B is for visiting not for working. 

 

Quote

It was cheaper for us to fly her over to watch the kids than pay for daycare

 

[Rich&Ashmani 8]

9 minutes ago, Boiler said:

Ouch, I doubt she will get a Visitor Visa anytime soon with that back story. A B is for visiting not for working. 

 

 

Not trying to be smart, genuine question: would they consider it working? We weren’t paying her to do it (and the words she used with immigration were that she was “watching her nephews and spending time with her sister”). When I say cheaper for her I meant $600 for a plane ticket is much less than $1400 a week for daycare. 🙈 

[TBoneTX 47,498]

10 minutes ago, Rich&Ashmani said:

would they consider it working?

Any work that would displace a U.S. citizen (who could do the same job) is prohibited.

Exceptions are purely voluntary activities, such as serving in a charity soup kitchen.

[smilingstone 594]

1 hour ago, Rich&Ashmani said:

Not trying to be smart, genuine question: would they consider it working? We weren’t paying her to do it (and the words she used with immigration were that she was “watching her nephews and spending time with her sister”). When I say cheaper for her I meant $600 for a plane ticket is much less than $1400 a week for daycare. 🙈

 

Being a tourist does not constitute as being a live-in babysitter. Doesn't matter if you didn't pay her, I'm guessing you housed her, fed her, etc in exchange for her "service". Also sounds like you paid for her flights. How do you not see that as working? 

 

Sorry to say but you have both approached the inital issuance of her B visa completely wrong. 

[EM_Vandaveer 2,438]

15 hours ago, Rich&Ashmani said:

My sister in law just had her B2 visa declined and I am wondering where we go from here.

 

Background: Country is Guyana. She visited the US a total of three times. Two of those visits were 6 months each (signed off at the POE, allowable through the visa). The third visit was right before Covid. Since the world shut down she overstayed by months. She was supposed to have left MAR2020 and Guyana would not accept her back until NOV2020. She tried to visit the US about two years ago and they revoked her visa on the spot. Just this morning (25JUN2025) they told her they cannot approve her [new B2] application “at this time” because she abused her visa by staying 6 months on the first two visits.  Not anything to do with the overstay during Covid, but rather the legal stays that occurred 8 and 6 years ago respectively. Also, she went with proof of the plane tickets I bought every month trying to get her home that were subsequently cancelled by the airlines; a notarized letter from myself explaining everything; email communications I had with the US embassy stateside in FEB2020 when the writing was on the wall and they said not to worry.

 

What are we to do now? Ask for a manager (being facetious)? Apply in a month? A year? Never? The way the rules (law?) is written says if you overstay you have to wait up to 10 years but that was never cited during the interview as the reason which gives me a slight amount of hope. 

8 months' overstay is a 3-year ban. But the ban being over doesn't mean a guarantee of getting a visa. Indeed she may never receive another non-immigrant visa with her history.

[EM_Vandaveer 2,438]

5 hours ago, Rich&Ashmani said:

Not trying to be smart, genuine question: would they consider it working? We weren’t paying her to do it (and the words she used with immigration were that she was “watching her nephews and spending time with her sister”). When I say cheaper for her I meant $600 for a plane ticket is much less than $1400 a week for daycare. 🙈 

Yes, it's 100% working, as your nanny.....

[carmel34 3,741]

5 hours ago, Rich&Ashmani said:

Not trying to be smart, genuine question: would they consider it working? We weren’t paying her to do it (and the words she used with immigration were that she was “watching her nephews and spending time with her sister”). When I say cheaper for her I meant $600 for a plane ticket is much less than $1400 a week for daycare. 🙈 

Here's a recent example of how similar actions by someone with a B2 visa got her in big trouble and deported from the US:

 

https://www.usatoday.com/story/travel/news/2025/03/20/tourist-visa-violations-us-british-traveler/82565875007/