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Overstayed B2 visa by 150 days. Is my Visa still invalid? Can I reenter the US for travel purposes?

Chicago, IL |
Filed under: B-2 tourist visa

Hello,

my boyfriend overstayed his b2 visa by 150 days. I am a Greencard holder and we had our son during his stay in the US. He wanted to support me during the last months of pregnancy and stayed longer for the same reason after our son (US citizen) was born. We departed 150 days later and are in Germany (our home country) right now. In April we would like to travel to the US and booked a flight already. Now I am afraid that my boyfriend will be denied. Could you please help out...Thanks in Advance.

Sorry, I ment is my visa still vaild... Hi, my boyfriend applied for a new B2 visa and had his interview today. Unfortunately unsuccessful. The consular official marked his old visa void and declined his new application, due to too many relations and bonds within and to the country. We only planned a trip to Vegas for my birthday for vacation, but he was not interested in any kind of reasons. Our son is a US citizen and we were hoping the officer would approve in order to show our son his home country, but the officer stated that our sons nationality is a major issue in order to get my boyfriend a tourist visa. I am really disappointed and have no idea what to do.

Attorney Answers 4

Posted

He is not inadmissible because he did not overstay by 180 days or more, but you're going to have a huge problem proving that you do not plan to overstay this time around. His past overstay will show up when he meets the border official, who has the authority to deny him entry into the US. Make sure you bring plenty of documentation showing that he plans to return (flight info, evidence of a job and home abroad).

In the future, if you need to stay in the US longer than authorized, you should apply for an extension of the visa with USCIS. If you had submitted evidence of your pregnancy, he probably would have gotten his visa extended without a problem!

www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.

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4 comments

Asker

Posted

Dear Mrs. Gasson, thank you for your reply. We applied for an extension, but it was denied. He misread the section where he had to send the transfer voucher by mail. He paid everything and added the voucher to his only application, but did not send it via mail.

Asker

Posted

online application...

Kristina A. Gasson

Kristina A. Gasson

Posted

Oh, that's too bad! You can bring that denial notice as evidence that you made a good faith attempt to extend the visa. But most of all, make sure you have plenty of evidence that he plans to return. If he plans to stay in the U.S. for long periods, you may want to consider marriage and applying for his green card.

Asker

Posted

ok, thank you. He is currently trying to find a Job and get sponsorship. I hope that will work out.

Posted

Prior counsel is spot on. If you're eligible to naturalize then get it done asap. This would allow you to file an immediate relative petition for him and he could process through the consulate and obtain his lawful permanent resident status.

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Asker

Posted

Thanks for your adivse, Mr. Eichorn. We went back to Germany together, because I did not think I could make it as a single mom and full time working at the same time. And my boyfriend would never want to have his child being seperated from him. My plan is to move back this summer though. I received my GC in March 2009 and as far as I know I need to wait another year to be eligible to naturalize.

Philip Alan Eichorn

Philip Alan Eichorn

Posted

You'll need to protect your physical presence (2.5 years in the U.S.) and your continuous residence (not more than one year abroad at any one time) to apply for naturalization. Be careful. It's tricky.

Asker

Posted

I am in the US for working reasons every 3 months and I own the house, we used to live in. If I am moving back this summer. I haven´t lived in the US for 14 months, but been out of the country never more than 3 months. I hope I am good like that...

Posted

Your boyfriend's visa is void because of the overstay. i otherwise agree with my colleagues.

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Asker

Posted

Dear Mr. Schmidt, thank you for your answer. Does that mean he would need to apply for a new B2 visa or a tourist visa (ESTA) ?

Christian Schmidt

Christian Schmidt

Posted

He will have to disclose overstay when registering for ESTA.

Asker

Posted

Will that be an issue? We want to play fair. Would a B2 visa be better for him? The US consulate in Munich did not answer this question so far. They only sent a link to CBP and told me to gather information on their webpage.

Posted

Yes, if he had a visa, it is now voided.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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3 comments

Asker

Posted

Thanks for your response, Mr. Berman. We never received an information about this status change of the visa. I just asked you colleague Mr. Schmidt, if we should apply for a new B2 or register with ESTA.

Stephen D. Berman

Stephen D. Berman

Posted

It seems to me that you are permanently barred from the visa waiver program. Whether you should apply for a B2 depends on the purpose of your trip to the U.S. If the purpose is to immigrate, then an immigrant visa would be appropriate.

Asker

Posted

This time we only want to travel for vacation purposes.

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