I over stayed in the US for 6 years back in the 70s. Can I return with a tourist visa after 35 years?
I went through a deportation hearing and eventually I married an US citizen and got a green card. But after two years we split. I returned to my home country and have stayed here for more than 30 years. Because of work reasons, I had to apply years later for a visa because my flight to Europe had to pass through NY. I got a visa for 10 years. Using that visa I made another trip to San Francisco and stayed there just a few days. Never had a problem. Those trips were in 1998 and 2004. This year I want to apply for a tourist visa to visit friends in the US. Will I get it? Do they keep records for more than 30 years?
Best Answer
Whether you will receive a visa depends on the ties you can show to your home country, the documents you provide, and the answers you give at your interview. None of us are the Consular Officer reviewing your application. Therefore, none of us can really answer this question. You'll have to apply.
You received a 10 year multiple entry visa before and didn't overstay, so that's a big point in your favor. It seems unlikely they would count your previous overstay against you now when they were ok with it back in 1998.
Your visa application form will ask about your previous travel to the US. You should answer those questions honestly and accurately, as your chances of receiving a visa will drop dramatically if they find you have lied to them.
That said, the decision whether to issue a visa is a case-by-case judgement and will depend on your entire application and personal circumstances.
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Can I adjust status if I overstayed my US 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.What happens if you overstay tourist visa?
If you overstay your visa, it is a serious situation. Penalties are as follows: Overstay by 180 days or more, but less than one year -- you will be barred from re-entering for three years. Overstay by one year or more -- you will be barred from re=entering for ten years.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 adjust status if I overstayed?
Individuals who came to the U.S. legally and are applying for permanent residence as immediate relatives can apply for adjustments of status even with a visa overstay from within the United States using Form I-130 if filed concurrently with Form I-485, Application to Adjust status (plus supporting documents).What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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