Applying for US visa while overstaying in another country
I am a resident in Portugal, but I am not a citizen of Portugal. My residency card is not valid any more.
Can I apply for a USA tourist visa as an illegal resident in Portugal?
Best Answer
Sure, you can apply. Anyone can apply. However, the application form for US visas (and probably any other visa on the planet) includes a question along the lines of "Have you ever overstayed on a visa, been refused entry to a country, etc.?" If you answer yes to that and say that you're in your country of residence illegally right now, the chances of being given a visa are zero. On the other hand, if you lie and say no, then your US visa is invalid and you'd be in the US illegally, too. Since you'll be giving them your passport for them to put the visa stamp in, they will be able to see your expired Portuguese visa, so it will be obvious that you lied on your application.
Being caught lying on a visa application, especially for something so crucial as questions about how you used previous visas, is the sort of thing that gets you banned for multiple years. These questions are important because you're essentially saying, "Hi! Please let me visit your country. I totally promise that I'll leave after X amount of time, even though I said exactly the same thing to Portugal and then didn't leave." I'm sure you can see how that would affect your credibility.
So, my advice would be not to waste your money applying for a visa that you almost certainly won't get.
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Can I travel within the US if I overstayed my visa?
The answer to your question is Yes. You can travel on domestic and the risk is very little although present.How do immigration know if you overstay your visa?
Travel Records It's pretty easy for foreigners in the U.S. to know if they've overstayed their visas. All they need to do is look at their I-94 arrival and departure cards, which clearly state how long they can stay.Can I leave the country if I overstayed?
Visas allow travelers to stay in another country for a certain period of time before they must leave. Those who overstay their visa and remain in the country will usually face consequences and possibly prosecution by local immigration authorities.What happens if you stay in a country longer than your visa?
If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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