Like, another tourist visa, or maybe a student visa this time?
Say, the one who overstayed (for 2 years) is a minor and went back to his country before the 180th day after his 18th birthday. Now, he wants to apply for a new visa (whether tourist or student). What are his chances of obtaining a new one?
Will it help if he is friends with the interviewing officer?
It does not help, and you should leave the U.S. before your visa expires.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.
Interviewing officers should apply the law uniformly. There are certain parameters that a tourist visa applicant must meet, specially proving non-immmigrnt intent.
Mary Carmen R. Madrid Crost can be reached at the: Madrid Crost Law Group - (888) 466-4478; e-mail: email@example.com; skype: usvisalaw Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response should not be construed to create an attorney-client relationship. Please help stop notario fraud and share this web site: www.stopnotariofraud.org.
Usually, an overstay raises red flags if another request is made to visit. In addition, overstaying and then leaving could carry with it a bar to reentry. However, a minor does not accrue unlawful presence so under your facts, the person you are referring to would not have the bar. Decisions on these are made on a case-by-case basis -- does he have ties back in his home country strong enough to ensure his return, etc. If he is friends with the interviewing officer -- perhaps but the officer could get in trouble if he used favoritism to make a decision and this is discovered. Please consult a good immigration attorney if in doubt.
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.