Getting a B2 visa after an overstay almost 25 years ago

8/24/2018 11:45:41 AM

My experience with the border force and Homeland security in the last year is that they are not reasonable.

If you didn’t get caught when staying there illegally and they have no record of your leaving time, then you can say you were there but don’t mentioned you overstayed. If you get asked to step aside for questioning on arival, get a lawyer (have one ready to dial when you go).

If you got caught, don’t bother with the application. It’ll end badly. And you will have to state you got turned down for a US visa when applying else where. That really sucks.

Background:
(I’m white, have a job in Europe, didn’t overstay my visa, had a ticket to leave the US within the time my ESTA allowed me to stay, but because arriving by private boat after a short sail in the Bahamas (from Florida), I was fined 1000s of US and threatened with deportation) Others have had similar experiences. (turns out private boats are excluded from the ESTA. (Even the embassy didn’t know, nor did the first agent.))

8/22/2018 7:23:26 PM

When applying for the US visa, there is a question asking whether you have been to the USA, and how long. Thus you have no means “not to mention” it, the only option available is to lie about it.

And this is certainly not recommended. The Customs might or might not keep the records that long, and they might or might not check them when you arrive, or when you depart – but you probably don’t want to spend your whole vacation worrying about whether at any point you’d get arrested/detained/turned back. Not to mention that lying in the US visa application, if caught, could get you banned for life.

On the other hand, your overstay happened long time ago, and it looks like you can easily make a case that you have changed and would not overstay again.

Another issue, which might pop up since you worked illegally, is whether you have paid taxes from your US income. If you paid, and have proof of that, bring it with you.

8/22/2018 7:16:32 PM

It may not be “convenient”, but if the form asks about your previous stay, you must answer it honestly, or else you would be lying, and lying to US immigration is a very bad thing and will trigger a permanent ban.

Credit:stackoverflow.com‘

About me

Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

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