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9 months overstay on B-2 Visa, twice denied entry under visa waiver program. What are chances of getting tourist visa again?

Boston, MA |

I entered the US on 4 Aug 2005 with a 6 months B - 2 Visa ( Brazilian passport ) ( valid until 3 Feb 2006 ) . On 14 Nov 2005 I filed for extension for my B - 2 Visa which was initially denied . I filed an appeal to the denial decision but never received the response letter as the post office returned it as undeliverable to the US citizenship and immigration services . I voluntarily left the US on 4 November 2006 and I am currently living in London UK . In December 2007 I tried to enter the US with a Portuguese passport under the visa waiver program in Boston but was denied entry and the same happened again on December 20 2008 in New York . When can I realistically apply for a Tourist Visa and have good chances of entering the US ?

Just to clarify the B2 visa was valid until 3 Feb 2006 not my passport.

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Attorney answers 3


I would consult an experienced immigration attorney who will maximize your chances for success in obtaining a B-2 visa in your passport. Obviously your denials do not help. A thorough examination of your file and the decision on your motion to re-open is required. You must also have a very strong reason why you want to visit the U.S. and ties to the country from where you are applying!
Good Luck!


Slim to none. You would need to hire an immigration attorney, analyse your situation and come up with the plan how you would be able to overcome the clearly existing impression with the US government that you would overstay your welcome this time as well.


I agree with my colleagues. I would consult with an experienced immigration attorney to determine if the B-2 visitor visa is a viable option to pursue, and the timing of such application.

Lisa Tehlirian, Attorney -- Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900 Fax: 248-519-9901 Email: For more information about current issues and developments in immigration law, visit my blog: The information provided on my blog and Avvo is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.