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  • Italian Cousin

    my cousin is from italy , he came to american , and was only allowed 3 months , he stayed for 5 months and went back to italy. He then stayed in italy for 8 months and wanted to come back to america. Well purchased new airline tickets to come to USA and when he arrived to USA , they sent him back to italy cause he stayed to long, last time he was here ,

    Is he in trouble??
    what can he do now to be able to come back to the usa?
    he is 23 years old , italian citizen

    wants to come back to usa , how does he get a visa to stay longer>?

    please help

  • #2
    First of all, your cousin overstayed his visitor visa on his first visa. That does not speak very highly of him and puts a dent on his immigration history.

    He must have had a GOOD reason to have stayed 2 months past his allowed time.

    His visitor visa is now voided (because he overstayed the time that he was allowed). That is why he was sent back.

    However there is hope. He can go to the US embassy or consulate and apply for a new B2 visitor visa (http://immihelp.comhttps://www.immih...tor/index.html) but his success may not be possible, because of his previous abuse of the last time he came to the US.

    On the good side, at least he did not overstay 180 days past his allowed stay. That would have gotten him a 3 year ban from returning to the US.

    Sorry, but your cousin should have thought this through a little more careful. Why did he stay the extra 2 months illegally? he is not in a LOT of trouble (I mean he won't be thrown into jail or anything). But it will be hard for him to obtain a visa and even if he does, that does not guarantee that he will be allowed into the US again, because of the immigration officer at the POE may or may not grant him stay.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Rin0002

      Your cousin must have entered on a visa waiver program ( entry allowed for 3 months without a visa).

      The law is that if you ever overstay on a visa waiver , you have to obtain a visa to enter again.
      So he must apply for a visitor visa at italy where they will ask him why he overstayed. He has to give a strong reason or they will deny him a visa.

      If he is denied a visitor visa, you can consider other types of visas depending on his education etc.

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