if anyone has overstayed on a tourist visa,returned back to country of birth,now if wants to apply for a tourist visa after a gap of 11years,does the applicant has to provide the complete details with actual dates that he has been residing there,does the 10year rule apply on this case,what are the chances of getting a tourist visa in this scenario?need urgent advice on this
b1/b2 visa after overstaying
- Thread starter saldi
- Start date
If you overstay your visa for more than 180 days you will face removal proceedings to be deported from the United States. Additionally, if you overstay for more than 180 days but less than one year then you will be inadmissible to the US for three years beyond that time and if you overstay for one year or greater you will be inadmissible for ten years. If you overstay but not more than 180 days you must leave the US but you can apply for a visa to return immediately. There are a few exceptions but they are found in only a small number of extreme situations.
hey,thanxs for your reply,your explanation is clearly understood,keep up the good work,one more question,suppose if anyone has been petitioned i140 approved,does a consular process,does not get the visa,now wants to apply for a b1/b2 visa,what are the chances?and for how long there is a record in the consulate?if want to apply he has to be truthful in the application,stating that he has been petitioned before?at this scenario,what are his chances of getting a b1/b2 visa?
Triple Citizen
Registered Users (C)
If he/she can overcome 214(b), B-1/2 visa will be issued. The applicant should not even think of not disclosing the I-140 episode. The consulate will know about it!!!
Section 214(b) is part of the Immigration and Nationality Act (INA). It states:
Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a non-immigrant status.
This means that before you are approved for a visa, you must prove that you will return to your country. You must prove that you have no intention of abandoning your residence there. The law places the burden of proof on you to prove that you have strong ties in your country that would compel you to leave the U.S. at the end of your temporary stay.
Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a non-immigrant status.
This means that before you are approved for a visa, you must prove that you will return to your country. You must prove that you have no intention of abandoning your residence there. The law places the burden of proof on you to prove that you have strong ties in your country that would compel you to leave the U.S. at the end of your temporary stay.