Applying for a B2 visa after previous overstay as a child?
- By
- Aparna Patel
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- 22 Jul, 2023
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You seem to have a 212(a)(9)(B)(i)(II) 10-year ban.
212(a)(9)(B) is a ban for accumulating a certain amount of “unlawful presence” and then departing the U.S. “Unlawful presence” is somewhat complicated, but for people who were admitted for a fixed period (including VWP), it basically starts accumulating when you exceed that period. There are some exceptions, including one where, for the purposes of 212(a)(9)(B), time before you turn 18 does not count towards “unlawful presence”. So then you still have 2+ years after you turned 18 of “unlawful presence”. There is a 3-year ban if you accumulate at least 180 days of “unlawful presence” and then depart; and a 10-year ban if you accumulate at least 1 year of “unlawful presence” and then depart.
So you have a 10-year ban starting from when you departed in 2009, which will run out in 2019.
There is no form you have to fill out. The waiver will be applied for together with applying for a B2 visa.
Credit:stackoverflow.com‘