Overstayed a Couple Days and Denied H1b

J

jasonvorhees

Registered Users (C)
Hello everyone,

This is the case, back in 2002 when I was only 16 years old I went to the US to visit a friend of mine under the visa WAIVER program and overstayed for a week, I then flew back home meaning nobody caught me or stoped me or anything like that at the Airport, I departed the US by MYSELF.

Back in 2003 a friend of mine in the US sponsored me and sent me all the paperwork which has been aproved to him in the US for me to get an H1B, I went to the US embassy down here being 17 and the application been denied because this angry lady at the embassy told me the H1B was being denied cause I overstayed a week on my waiver.

I work right now for the government, get paid really well, have ties and such and a pretty cool job and I would love to visit USA for 15 days.

I was wondering if a tourist visa is going to be denied, if showing I have enough money and a job and such is enough and if they will give it to me or not.

Thanks a lot
 
No one on this forum will be able to give you a guaranteed answer. The only person who can tell you is the interviewing officer during your visa application.
As they say....nothing ventured, nothing gained.
 
jasonvorhees said:
Back in 2003 a friend of mine in the US sponsored me and sent me all the paperwork which has been aproved to him in the US for me to get an H1B, I went to the US embassy down here being 17 and the application been denied because this angry lady at the embassy told me the H1B was being denied cause I overstayed a week on my waiver.
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How did you get an H-1 when you were 17? It probably shouldn't have been denied for that reason. Did you ever get an official reason as to why it was denied?

I was wondering if a tourist visa is going to be denied, if showing I have enough money and a job and such is enough and if they will give it to me or not.
Click to expand...

It is unlikely to be denied, but no guarantees.
 
jasonvorhees said:
Back in 2003 a friend of mine in the US sponsored me and sent me all the paperwork which has been aproved to him in the US for me to get an H1B, I went to the US embassy down here being 17 and the application been denied because this angry lady at the embassy told me the H1B was being denied cause I overstayed a week on my waiver.
Click to expand...

How did you get an H-1 when you were 17? It probably shouldn't have been denied for that reason. Did you ever get an official reason as to why it was denied?

I was wondering if a tourist visa is going to be denied, if showing I have enough money and a job and such is enough and if they will give it to me or not.
Click to expand...

It is unlikely to be denied, but no guarantees.
 
Re

TheRealCanadian said:
How did you get an H-1 when you were 17? It probably shouldn't have been denied for that reason. Did you ever get an official reason as to why it was denied?



It is unlikely to be denied, but no guarantees.
Click to expand...

The issue is a 10 day overstay under the Visa Waiver Program from almost a decade ago considering it happened back in 2001.

I have a couple questions too, going through the DS-156 form I see the following questions:

* Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action?

I have been arrested back in 2005 but the charges were dismissed because I was not guilty or found any evidence, in this particular case should I answer YES or NO? I ask this because I have never been convicted.

* Have you ever been refused admission to the US?

The only refused thing that ever happened to me was the H1B being denied at the embassy in my home country, then I should answer NO right?

* Have you ever been refussed a US visa?

Yeah, the H1B was denied, then I should answer yes right?

I will be going to the embassy with my bank account having 30,000 USD in there, I will also get my company to write a letter saying I work for them and will work for them for the next year too saying how much money I earn, show the people at the US embassy I have a house down here, mother and girlfriend.

What are the chances of my VISA being given? I want it for 10 days only.
 
I do not remember why was it denied, and lost my passport to find out wether they stamped anything on it or not. How can I find out?
 
jasonvorhees said:
I do not remember why was it denied, and lost my passport to find out wether they stamped anything on it or not. How can I find out?
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Good question. I'm still curious how you got an H-1B petition approved, since it requires a university degree or equivalent work experience. Do you have a degree? When did you get it?
 
TheRealCanadian said:
Good question. I'm still curious how you got an H-1B petition approved, since it requires a university degree or equivalent work experience. Do you have a degree? When did you get it?
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This was 9 years ago so I can barely remember, a company in my home country sponsored me (which I have been working for them since I was 15 with my parents permissions) and a company in the US also did all the paperwork with the INS back then, I do not know why they did not approve it on the embassy down here, I dont remember they stamping my passport either, is there any way to find out?

What about the other questions ive posted?
 
it is not at all possible that you could even apply for h1b at that age.... second if your application was rejected it was surely because of you being 17 and applying for h1b.... otherwise no one can reject if your papers are in place and alright...
Next, you can apply again and the matter is almost 8 years old now. So, you don't have to worry. You should be able to prove that you have enough ties in the residing country to ensure the immigration guys that you will come back. Take your pay slips, home papers other assets proof. Hope that you don't face any problem ..
USAFIS
immigration consultancy
 
saunderscolin15 said:
it is not at all possible that you could even apply for h1b at that age.... second if your application was rejected it was surely because of you being 17 and applying for h1b.... otherwise no one can reject if your papers are in place and alright...
Next, you can apply again and the matter is almost 8 years old now. So, you don't have to worry. You should be able to prove that you have enough ties in the residing country to ensure the immigration guys that you will come back. Take your pay slips, home papers other assets proof. Hope that you don't face any problem ..
USAFIS
immigration consultancy
Click to expand...

Thanks for your help, what about the arrest, I have the court papers with the charges being dismissed saying i wasnt guilty at ALL, with that is enough or do I need to get a lawyer to get me a letter or something, I called a immigration lawyer and the dude told me they need to write a letter so i can give it to the embassy, but i assume the paper from the court would be enough, what do you think and suggest
 
Thank you a lot for the help, the last question, I called up an immigration lawyer and this dude told me he wanted to write a papper for the embassy about my case being dismissed, I dont understand why would I need that when the case was dismissed and I have the papers from the court saying I was not guilty at all, maybe all he wants is cash? Please advice if the court paper is just enough.
 
jasonvorhees said:
Thank you a lot for the help, the last question, I called up an immigration lawyer and this dude told me he wanted to write a papper for the embassy about my case being dismissed, I dont understand why would I need that when the case was dismissed and I have the papers from the court saying I was not guilty at all, maybe all he wants is cash? Please advice if the court paper is just enough.
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The court papers are all that the embassy is interested in. A flowery letter from your attorney is useless.
 
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