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

Asked over 1 year ago - Chicago, IL

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.

Additional information

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)

  1. Kristina A. Gasson

    Contributor Level 12

    2

    Lawyers agree

    1

    Answered . 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... more
  2. Stephen D. Berman

    Contributor Level 20

    Answered . 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... more
  3. Philip Alan Eichorn

    Contributor Level 19

    1

    Lawyer agrees

    1

    Answered . 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.

  4. Christian Schmidt

    Contributor Level 19

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

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