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NEED HELP! Overstayed, want to get a new visa.

Discussion in 'Entering USA on B Visas' started by lijuan, Feb 15, 2017.

  1. lijuan

    lijuan New Member

    Hi,

    More than 4 years ago, one of my friends has overstayed his B1/B2 visa for 4 months.
    Now, he wants to get a new visa to get across the border.
    When I helped him check the I-94 history, I found there is no departure history for him.

    And here comes the question:
    Does that mean the CBP don't know he's overstayed? If so, given it's so easy to get denied for the new visa if you had a bad history, what if he lies about the overstay and pretend nothing's happened before in both of the DS-160 and the interview ?
     
  2. Sm1smom

    Sm1smom Super Moderator

    First rule of thumb regarding immigration: never ever lie! The lie will most likely get discovered and lead to a life time ban.

    And what do you even mean by "he wants to get a new visa to get across the border"? Get across the border and stay permanently???

    In this forum we do not provide help/assistance to people seeking to beat the system.
     
  3. lijuan

    lijuan New Member

    1. He is not going to stay permanently that is for sure. However, 2 weeks visit will be all he needs.
    2. Technically, he is not going to lie, given the situation that he has NO departure history on the CBP website, just not saying anything about the overstay.
     
  4. Triple Citizen

    Triple Citizen Registered Users (C)

    If your friend flew out of the US, his real departure date can be verified via flight manifests. I will repeat what Sm1smom said above, "Do not lie" to CBP/ICE/USCIS. He will get caught.

     
  5. Sm1smom

    Sm1smom Super Moderator

    There's no such thing as "technically he is not going to lie". Not disclosing he already overstayed on the DS160 and at the interview (if asked) is a lie. Plus these -
    "what if he lies about the overstay and pretend nothing's happened before in both of the DS-160 and the interview?"
    are your exact words indicating an intentional attempt at being deceitful.
     
  6. 1AurCitizen

    1AurCitizen Registered Users (C)

    Online I-94 isn't always completely accurate.

    Your friend shouldn't play technical word games with the CO or CBP. The US has ways to look into anyone's past travel history.
     
  7. lijuan

    lijuan New Member

    I really appreciate your replies. Like you guys said, I told him to tell all the truth.
    Hopefully, 4 months won't be such a problem to get a new visa for him to come over, right?
     
  8. Pierre82

    Pierre82 Well-Known Member

    There is a possibility that the request will be denied because of the overstay.
     
  9. 1AurCitizen

    1AurCitizen Registered Users (C)

    Can't say. He applies and finds out.
     
  10. Rahul Divan

    Rahul Divan New Member

    Lie is not bearable. And if he is applying again then for sure, he is not going to get the visa because of the overstay. Rest it depends on his destiny, but according to the condition it is very difficult to get the visa again.
     
  11. Swit

    Swit New Member

    Pls i have a similar question for a friend . He left the usa witout (thru the border to canada to claim asylum )signing out but didnt overstay.my question is will dis affect him coming back to the usa?
     
  12. newacct

    newacct Well-Known Member

    Not a problem because he didn't overstay (as long as he has proof of entering Canada on that date). Whether having applied for asylum to another country could be a negative factor is hard to say.
     
  13. Swit

    Swit New Member

    Thank you, don’t know if anybody can advice if claiming asylum ll be a problem for him.
     

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