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  • Over stay with B-2 Visitor visa

    Friend of mine overstayed in US for few days when he came here with B-2 visitor visa last time. How long he has to wait when he can apply again or for how long he will be barred to enter in US? Thank you!

  • #2
    His current visa is now canceled, regardless of its stated date of expiration. If he is a citizen of a visa-waiver country, he is no longer eligible to use the visa waiver program.

    In order to travel to America, he must apply for a new visa at the American Consulate in his country of citizenship (or maybe residence). Even if he is lucky enough to obtain a new visa, he may still be denied entry by a Customs and Border Protection officer at the port of entry - CBP officers have a great deal of discretion when deciding whether to admit visitors.

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    • #3
      considering the fact that this site is on life support feed by.... SOM, FED, IPERSON, and my best bet Mr. Someone12.... I tell u with mixed feelings that this website is the worst on earth to negotiate any immigration violations activities (OVERSTAY)in the land of heaven, the United States of America! so on top of the 10 years Bars he will get, wait until you will see some compliments from the ppl i mentioned above.

      Originally posted by Billyk:
      Friend of mine overstayed in US for few days when he came here with B-2 visitor visa last time. How long he has to wait when he can apply again or for how long he will be barred to enter in US? Thank you!

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      • #4
        If the overstay was less than 179 days then he doesn't accumulate out of status time so he wouldn't get a 3 or 10 yr bar. But if from a VWP country, he can't use that again and for certain on re-entry he can expect a visit to secondary inspection. If he has a good reason for the overstay he might get lucky. It's very much up to the PoE officer if they let him in again or not. BTW just because a visa says it's valid for 5yrs it doesn't mean you can stay here for 5yrs. The length of authorized stay is the I-94 stamp.
        "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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        • #5
          to the OP: while your 'friend' did not (presumably) accumulate unlawful presence, he nonetheless violated the trust that was given to him,,,and his visa is now canceled (even though it appears to be valid) and when this lying dirtbag shows up at a port of entry, he'll need a good book to read on the way back home. Why is he a lying dirtbag? Because when he applied for his visa, it was a cinch he did not tell the consular officials nor the border officials that he was planning to remain in the US for six + months...no FN way...which means he lied, he was no doubt working illegally (he cannot be as wealthy as Bill Gates so how did he miraculously support himself for 6+ months??? And no, no one will believe that you provided 'everything' on his behalf...that's just total bs....
          And your good friend, our syrian cjrh, abercrumbly is another prime example of a liar...he apparently is in the midst of a phony asylum claim....which means he's a liar as well. That's why he's so sympathetic to liars and visa cheats....look for him wiping the behinds of drooling camels....he'll fix everything for you....

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          • #6
            Originally posted by Billyk:
            Friend of mine overstayed in US for few days when he came here with B-2 visitor visa last time. How long he has to wait when he can apply again or for how long he will be barred to enter in US? Thank you!
            Hard to say if it will have any effect at all, since overstay was less than 180 days.
            The bar is for more than 180 and 360 days of overstay.

            I remember reading recently on www.shusterman.com the State Department cables sent in 1997 to embassies throughout the world, after the passage of 1996 reform.
            The cable sounds as a rebellious defiance by Clinton administration of the laws passed by then newly in power Republican congress.

            Few people may know it, but the cables instructed the embassy employees to issue visas if they had no obvious reason to deny and specifically prohibited "digging into" to find reasons to deny.
            And I mean, if person left the country after overstaying 10 years on B visa, there would be no way to find out and not issue new visa unless that same person presented passport showing dates of entry and exit and said "you know what, i am not supposed to get new visa since i overstayed for 10 years last time i was in US on B visa".
            US never tracked the exit of tourists and I-94 were routinely collected and trashed by airlines.

            I am not sure if the rules are same post 911/2001.
            But since your "friend" overstayed for only few days, i don't think it makes any difference either way.
            http://www.anbsoft.com/images/usflag_med.jpg

            "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

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            • #7
              You will also need a waiver of grounds of inadmissibility when you apply for the new visa.

              Comment


              • #8
                Originally posted by federale86:
                You will also need a waiver of grounds of inadmissibility when you apply for the new visa.
                no, fede, there is no inadmissibility for few days of overstay.
                http://www.anbsoft.com/images/usflag_med.jpg

                "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

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                • #9
                  the dirtbag's visa is canceled as an act of law...period. And consular officials would not have to 'dig' far to deny this j-off another visa...he lied at least once...why should they believe him again? (no doubt he'll try the 'I was sick' story or 'I wanted to see more sights of the US, like the Grand Canyon...'...all total baloney (or camel droppings for our syrian contributor, BarelyAbleCrumbley...and consular officials decisons on visas are not subject to review, so this visa cheating 'friend' can whine all he wants when he is denied....it won't help...and even ole BillyK cannot 'vouch' for his soap-dropping friend....

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                  • #10
                    Olde you know nothing. Once you violate the terms of admission and overstayed, you are an intending immigrant. 212(a)(7)(A)(i) intending immigrant. You cannot be issued a visa without a waiver of the presumption of being an immigrant. Your friend also violated 212(6)(i)(I), fraud, in which your friend lied to the consular officer and the immigration officer at the Port of Entry about his true intentions, e.g. living in the U.S. without an immigrant visa.

                    Your friend no long may legally obain an non-immigrant visa nor may be admitted without a non immigrant visa with a waiver.

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                    • #11
                      Fede, the bar of admission is not triggered automatically by few days of overstay.
                      One can have all intentions to leave the country but the weather conditions or some other force major may make the departure impossible before the given deadline.
                      If you overstayed your tourist visa in aftermath of 9/11 because all planes were grounded, you couldn't be charged with intention to immigrate afterwards and thus declared inadmissible.
                      That's just one example. There could be countless other reasons for unintending immigrant not to be able to leave country on time, so the subsection of 212 would not be automatically triggered.

                      As to my friend, I am not so stupid as to ask anything on behalf of my friends on ilw.com
                      I usually refer them to Malik Papish who has great record of fixing GC for anyone under any circumstances.
                      So, take it easy there.
                      http://www.anbsoft.com/images/usflag_med.jpg

                      "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

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                      • #12
                        Wrong again. Violating terms and conditions is a defacto lifetime bar. Not a 3, 5, 10, or lifetime official bar, but a bar none the less because no Consular Officer will issue a non-immigrant visa to someone who has previously violated their status. Just a fact of life Olde. That is the job of Consular Officers to approve or deny applications for visas and they deny visas for less. Out of luck.

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                        • #13
                          Ok, fede, you are right.

                          Now don't worry and be happy.
                          http://www.anbsoft.com/images/usflag_med.jpg

                          "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

                          Comment


                          • #14
                            so tell us OldE (Ole Enema Bag)...when was the last time one of our airports was shut down for DAYS because of weather???? never, you FN moron,.,,,so this OP's'friend's excuses to contrary are just pure baloney,,,,,and when was the last time anyone on this site spent 6 FN months in another country as a TOURIST?????....answer? Never. So the OP's friend is just another visa cheat,,...and no consular offical in his or her right mind will give this $hitbag another visa.....

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                            • #15
                              You are right, unless they call Malik Papish.
                              http://www.anbsoft.com/images/usflag_med.jpg

                              "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

                              Comment



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