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Are those who overstayed their tourist visa ever given another one?

San Diego, CA |

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?

Attorney Answers 3


  1. 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.


  2. 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: mc@madridcrost.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.


  3. 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.

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