Overstayed my US visa for over 9 years, never got deported, can I return as a tourist?

4/1/2015 6:42:46 AM

The answer is no. You can not return for 10 years if you over stayed for more than 12 months. You will need to apply for a new visa, have interviews to explain the situation. I went through a similar situation Got duped in to believing the man I was involved with would do the right thing, only to find out he was still married, I got sick and got stuck in the USA for 6 years. Applying for a new visa is tough these days, but if the reason is legitimate, they might approve it. I asked to visit my employer but was refused.

3/6/2015 8:04:32 AM

You don’t qualify for the Visa Waiver Program because you’ve overstayed. When you apply for the ESTA it will ask you if you’ve overstayed. If you apply for a visa, it will also ask if you’ve overstayed. So they will know that you have overstayed; you being Australian now doesn’t change that. If you lie, that is misrepresenting a material fact and will lead to very serious consequences, e.g. a lifetime ban.

You probably have a 10-year ban due to unlawful presence. “Unlawful presence” is somewhat complicated, but generally if you exceed the date on the I-94, you start accruing unlawful presence. But you don’t accrue while under 18. From your comments, it wasn’t clear but it seemed like you were saying you went to the U.S. when you were almost 18. So you likely accrued many years of “unlawful presence”. If you have more than 1 year of unlawful presence, and the leave the U.S., you have a 10-year ban starting from when you left. If you want to visit the U.S. during this 10 years, it’s possible to get a waiver for the ban. Since you’ve left for almost 10 years, the ban is almost over.

Even if you don’t have a ban, that doesn’t mean you will get a visa. Your history of overstay can adversely affect their decision. In any case, since you are applying for a nonimmigrant visa, the procedure is the same no matter if you have a ban or not — you simply apply for the visa at a U.S. consulate. If you are still under the ban, then they will apply for a waiver as part of the process.

2/22/2015 2:16:00 PM

I know somebody in a similar situation to you: she lived illegally in the US for some years, and many years later she wanted to return as a tourist. Although she would otherwise have been eligible for the Visa Waiver Program, her local US Consulate recommended that she apply for a visa because of her history. She got a visa and visited the US without any problems.

When applying for the visa you will be asked whether you have ever overstayed in the past; you can answer yes to this and still get a visa, but if you lie and get found out you almost certainly won’t.

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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