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If my K 1 VISA is denied is it best to appeal or apply for a B 2 visa.

Forest Hills, NY |

I also overstayed my ESTA for 1 day , last year when i entered the country the Immigration officer told me that my ESTA was no longer valid because i had been under parole previously , my green card was taken away from me upon entering the USA a couple of years ago , because i was out of the country for longer than a year . after that i went back to my country and completed a I407 form at the American embassy . then i started traveling with my ESTA as a tourist I came and went from the USA 3 times in one year i never stayed more than 10 days each time . the last time i entered the officer was very stern and told me In not allowed to travel with Visa Waiver , and I should apply for a 2 VISA , tis was when I stayed 91 days not 90 , it was not my intention . which VISA should I apply FOR ? Thank you

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Attorney answers 3


You should hire an attorney to assist you with this process. As you were previously a green card holder and had that status revoked it will be difficult for you to prove non-immigrant intent for any temporary visa (such as a K1 or a B2).

Many parts of your question are also unclear so I cannot understand what you mean by 2 VISA or the series of events that you are describing.

If you are serious about returning to the US it will be difficult for you to do so without the assistance of an immigration attorney.

Alexander Joseph Segal

Alexander Joseph Segal


I do like this answer you gave.

Sasha O. Lazarevich-Sinnott

Sasha O. Lazarevich-Sinnott


Thank you! Always nice to hear from a fellow immigration attorney.


Attorney. Sinnott said it all. I would only add that it is unclear how they would take your GC away without placing you in removal proceedings.


A B-2 visa cannot be used to enter the US for the purpose of getting married.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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