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

L

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 ?
 
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.
 
Sm1smom said:
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.
Click to expand...
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.
 
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.

lijuan said:
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.
Click to expand...
 
lijuan said:
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.
Click to expand...

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.
 
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.
 
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?
 
lijuan said:
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?
Click to expand...

There is a possibility that the request will be denied because of the overstay.
 
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.
 
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?
 
Swit said:
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?
Click to expand...
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.
 
You must log in or register to reply here.
Top