Applying for a B2 visa after previous overstay as a child?
Background:
So I was brought into the US under the visa waiver program as an 11 year old child in January 2000. I voluntarily left the country on Sept. 2009 when I was 20 years, 9 months, and 3 days old.
I visited America twice since I left in 2009 under the ESTA VWP - Once in June 2012 and another time in July 2014 via the Visa Waiver (ESTA) program with no problem. On Oct 2nd 2014 I came to visit my brother for his birthday and I was refused entry because of my previous overstay as a CHILD but given Parole to Depart for the duration of my holiday (so I still got to go on vacation.)
The guy told me that I could apply for a B2 visa when I get back to London but I would have to also apply to get my overstay waived. He said I would need to get my overstay waived at the same time as I apply for my visa. My older brother who is a US citizen (by birth) has put a petition for me to become a citizen a few years ago.
My Question:
I've filled in the B2 Visa application. I've disclosed the details above as it would definitely come up in the interview. My question is - is there a specific application that I would fill out to ask to get my overstay waived? Or is that something that is at the discretion of whoever I am talking to?
I'm asking this before I book my interview - thanks a lot.
Best Answer
You seem to have a 212(a)(9)(B)(i)(II) 10-year ban.
212(a)(9)(B) is a ban for accumulating a certain amount of "unlawful presence" and then departing the U.S. "Unlawful presence" is somewhat complicated, but for people who were admitted for a fixed period (including VWP), it basically starts accumulating when you exceed that period. There are some exceptions, including one where, for the purposes of 212(a)(9)(B), time before you turn 18 does not count towards "unlawful presence". So then you still have 2+ years after you turned 18 of "unlawful presence". There is a 3-year ban if you accumulate at least 180 days of "unlawful presence" and then depart; and a 10-year ban if you accumulate at least 1 year of "unlawful presence" and then depart.
So you have a 10-year ban starting from when you departed in 2009, which will run out in 2019.
There is no form you have to fill out. The waiver will be applied for together with applying for a B2 visa.
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Can I come back to the US if I overstayed?
Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.Can my US visa overstay be forgiven?
Can my U.S. visa overstay be forgiven? Yes, there are cases where the government will forgive your visa overstay, and you can obtain a waiver.Can I adjust my status if I overstayed my visa?
You can adjust your status even if you overstayed your visa \u2013 as long as you originally entered the U.S. with a valid visa or visa waiver.Can I apply for US visa twice?
After being found ineligible for a visa, you may reapply in the future. If you reapply for a visa after being found ineligible, with the exception of 221(g) refusals, you must submit a new visa application and pay the visa application fee again.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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