Overstayed 9 months and now wants to return to the US

Jaytheo

New Member
I overstayed my allowable time by 9 months back in 2015. I'm from Brazil and had a B1B2 tourist VISA - I travelled across the US for almost 6 months and before I was about to leave i met someone in Florida. John was from Canada and he made trips to see me every 2 weeks for the next few months. I voluntarily left in Dec 2015 and went back to Brazil where we got married. I should of applied for an extension but did not. So, my understanding is that because i overstayed more than 180 days but less than 1 year there is a 3 year ban being inadmissable to the US. I presently am married to John, I am a permanent resident in Canada living in Toronto. We own a home together, I have a job and plan on pursuing my law degree here in Toronto. My husband would like to take me to NY and have applied for a B1B2 visa as I'm sure the other has been cancelled. Any suggestions or input regarding an interview I have next week. I have never tried to re enter the US in the past 3 years. I'm guessing approval for my VISA is 50/50. Thanks in advance for any input.
 

1AurCitizen

Registered Users (C)
Any suggestions? Yeah, answer truthfully to whatever is asked. The rest would be up to the CO to decide whether or not to approve you.

PR status in Canada and the job work in your favor, but I have my doubts as you're itching to get into the US so soon after the ban's over. Plus the fact that you violated the terms of your previous visa. How did you support yourself during the presumably 15 months in the US on a B2? Did you work illegally?
 

Sm1smom

Super Moderator
Suggestion is to truthfully answer any and all questions asked when you go for the interview.

And I hope you truthfully answered length of previous stay question on the DS160 to reflect your 9 months overstay.
 

Jaytheo

New Member
Suggestion is to truthfully answer any and all questions asked when you go for the interview.

And I hope you truthfully answered length of previous stay question on the DS160 to reflect your 9 months overstay.

Yes, the overstay was accurately detailed in the DS160. The truth always prevails in these situations. Thanks for writing. Let you know of the outcome.
 

Jaytheo

New Member
Any suggestions? Yeah, answer truthfully to whatever is asked. The rest would be up to the CO to decide whether or not to approve you.

PR status in Canada and the job work in your favor, but I have my doubts as you're itching to get into the US so soon after the ban's over. Plus the fact that you violated the terms of your previous visa. How did you support yourself during the presumably 15 months in the US on a B2? Did you work illegally?

No, I did not work while I was away in the US. I'm a lawyer in Brazil and was capable of supporting myself the entire time. We are planning on going to NY City for 2 nights - Return flight and rooms have been booked and proof will be provided. Your right, it's entirely up to the CO whether he/she approves the VISA or not. I left the US voluntarily and have not attempted to re enter the US in 3 years - no itching to go back but admit I miss my travels there and the proximity being so close to Toronto. If all fails I will be applying for Canadian Citizenship late this year which will grant me entrance to the US regardless. Thank for your input - certainly let you know of the outcome after the interview. Kind regards
 

Sm1smom

Super Moderator
If all fails I will be applying for Canadian Citizenship late this year which will grant me entrance to the US regardless.

I should like to point out the fact that Canadian Citizenship does not automatically grant admission into the US. It is possible for a Canadian to still be denied an admission if there’s concern about an overstay. There are Canadians who have been denied admission at the POE.
 

1AurCitizen

Registered Users (C)
FYI.. US embassies usually suggest not making any non-refundable purchases (airline/hotel) until a visa in hand. Documents are usually not looked at during B2 interviews, but ya never know.

Someone more knowledgeable could chime in, but Canadian Citizenship is not a magic ride in the US in your case. A past overstay has to be disclosed and is a part of your permanent record. Changing from a Brazilian to a Canadian passport won't change that IMO.
 

Jaytheo

New Member
I should like to point out the fact that Canadian Citizenship does not automatically grant admission into the US. It is possible for a Canadian to still be denied an admission if there’s concern about an overstay. There are Canadians who have been denied admission at the POE.
Your certainly correct. I apologise I made it sound like it's a free ticket when it's clearly not the case. Whenever dealing with CO at any POE there is always the chance of refusal especially with an overstay in the history. I appreciate all your input - thank you.
 

Jaytheo

New Member
FYI.. US embassies usually suggest not making any non-refundable purchases (airline/hotel) until a visa in hand. Documents are usually not looked at during B2 interviews, but ya never know.

Someone more knowledgeable could chime in, but Canadian Citizenship is not a magic ride in the US in your case. A past overstay has to be disclosed and is a part of your permanent record. Changing from a Brazilian to a Canadian passport won't change that IMO.

Your certainly correct. I apologise I made it sound like it's a free ticket when it's clearly not the case. Whenever dealing with CO at any POE there is always the chance of refusal especially with an overstay in the history. I appreciate all your input - thank you.
 

SusieQQQ

Well-Known Member
^ yes, even with Canadian citizenship, if you fly to the US you will need an ESTA, and on that application you will need to declare the previous overstay even if it was on a different passport. You may find you are refused an ESTA due to that and may have to apply for a B anyway regardless of holding a Canadian passport.

Good luck with the B application, hopefully your proof of ties is strong enough. And yes you will be correct that your previous B visa was voided immediately on your first day of overstay. Btw - I’m not sure if I’m getting confused with COS denials, but afaik this situation means you are supposed to be applying for a B visa only in the country of your passport
 

Sm1smom

Super Moderator
^ yes, even with Canadian citizenship, if you fly to the US you will need an ESTA, and on that application you will need to declare the previous overstay even if it was on a different passport. You may find you are refused an ESTA due to that and may have to apply for a B anyway regardless of holding a Canadian passport.

Hmmn, no. Canadians do not apply for ESTA. A Canadian just needs to show up at the POE with their Canadian passport for admission into the US.
 

1AurCitizen

Registered Users (C)
^ yes, even with Canadian citizenship, if you fly to the US you will need an ESTA, and on that application you will need to declare the previous overstay even if it was on a different passport. You may find you are refused an ESTA due to that and may have to apply for a B anyway regardless of holding a Canadian passport.

Good luck with the B application, hopefully your proof of ties is strong enough. And yes you will be correct that your previous B visa was voided immediately on your first day of overstay. Btw - I’m not sure if I’m getting confused with COS denials, but afaik this situation means you are supposed to be applying for a B visa only in the country of your passport

No ESTA req'd for Canada passport holders.
 

SusieQQQ

Well-Known Member
I did find it kinda ironic OP is a lawyer by profession and chose to break US law by overstaying. Strange..
The thing I’d find more problematic from OP’s perspective re wanting a visa, is that normally a profession like this shows a strong home country tie, but in her case she’s shown it doesn’t.
 

SusieQQQ

Well-Known Member
I can’t find the official uscis policy doc on it but at least 3 different law firm pages state that someone applying for a non-immigrant visa after a prior overstay may only do so in their country of nationality. I don’t believe I am allowed to link to law firm pages from here but a google search should bring it up.
 

1AurCitizen

Registered Users (C)
I can’t find the official uscis policy doc on it but at least 3 different law firm pages state that someone applying for a non-immigrant visa after a prior overstay may only do so in their country of nationality. I don’t believe I am allowed to link to law firm pages from here but a google search should bring it up.

Quoting the OP, her words were "have applied for a B1B2" in the initial post, with an interview next week. Sounds like she got through the application and interview scheduling process. Either there's an error somewhere that allowed the application, or a loophole.. if the law firms' statement is correct.
 

SusieQQQ

Well-Known Member
Quoting the OP, her words were "have applied for a B1B2" in the initial post, with an interview next week. Sounds like she got through the application and interview scheduling process. Either there's an error somewhere that allowed the application, or a loophole.. if the law firms' statement is correct.

She submitted a DS160 and scheduled an interview, presumably all online. I don’t think there is anything in the system to stop someone choosing a consulate that does interviews, to schedule. Wouldn’t be the first time that someone only realized they are ineligible to do something at the interview itself. As anyone who’s gone through/watched DV can tell you, people can fill in clear ineligibities on the application form and only realize that at interview when the CO points it out. But yes, let’s wait for her feedback. I’d be surprised if 3 different immigration law firms all state the same incorrect thing?
 
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