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  • Denied B2 visa, due to overstay

    Hi everyone,

    Just wondering if anyone can help with this.

    At the moment I cannot get into the USA, I had my B2 visa denied last year.

    I'm an Australian who over stayed for 2 years in the USA (I met an American, fell in love and was supposed to get married) After 2 years it ended bad and I simply left the country (was never deported or anything like that)

    Fast forward 5 years later, I live in Canada now and have PR there. Is there is a form I can file to overturn my ban so I can visit the USA again as a tourist. I believe maybe a Form I-192 and theres another form I have seen as well.

    Are there (or has anyone heard of) any overstayers who have been banned previously and had their ban overturned and allowed entry?

    If there are forms for people who have committed crimes and went to jail that want to re-enter the states, surely an overstayer can as well? am I right?

    Thank you

  • #2
    I would suggest you to hire an attorney & let him handle the case. 2 year overstayed with american girlfriend is little more to defend.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

    Comment


    • #3
      Originally posted by Arcturus View Post
      Hi everyone,

      Just wondering if anyone can help with this.

      At the moment I cannot get into the USA, I had my B2 visa denied last year.

      I'm an Australian who over stayed for 2 years in the USA (I met an American, fell in love and was supposed to get married) After 2 years it ended bad and I simply left the country (was never deported or anything like that)

      Fast forward 5 years later, I live in Canada now and have PR there. Is there is a form I can file to overturn my ban so I can visit the USA again as a tourist. I believe maybe a Form I-192 and theres another form I have seen as well.

      Are there (or has anyone heard of) any overstayers who have been banned previously and had their ban overturned and allowed entry?

      If there are forms for people who have committed crimes and went to jail that want to re-enter the states, surely an overstayer can as well? am I right?

      Thank you
      You accrued more than 1 year of "unlawful presence" and then left the US, triggering a 10-year ban. 5 years has passed; there is 5 more years until the ban is over.

      I-192 is to apply for a nonimmigrant waiver for Canadian citizens, who do not need a visa to travel to the US. You are not a Canadian citizen. You need to apply for a US visa to travel to the US, and if you are denied the visa solely due to the ban, the visa officer will let you know how to apply for a nonimmigrant waiver with the consulate. There is no specific form for this. But if you are denied a visitor visa due to immigrant intent (as is likely for anyone with negative history), there is no waiver for that.

      This is my personal opinion and is not to be construed as legal advice.

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