I was denied US visa
I have been to the US 2 times, in 2007 and in 2010, with J1 visa. The second time I overstayed. After expiring J1 visa and I applied for student visa (I went to a language course) to prolong it till march 2011. It expired, too, and I overstayed till june, 2011. I left the US by myself (not deported).
I applied again in 2017 to get a tourist visa to the US but I was denied. I don't want to stay in the US, just would like to see that amazing country again.
What do you suggest me to do?
I am married, 2 kids and have nice job, property, land, bank statement in my country.
Best Answer
You overstayed your US visa by less than six months which would mean you do not have a bar to entry even if you accumulated unlawful presence.
Under section 212(a)(9)(B) of the Act, an alien is inadmissible if the alien has accrued a specified period of unlawful presence, leaves the United States after accruing the unlawful presence, and then seeks admission during the period specified in (either 3 years or 10 years after the departure, depending on the section 212(a)(9)(B)(i) duration of the accrued unlawful presence)
and
(B) ALIENS UNLAWFULLY PRESENT.-
(i) In general.-Any alien (other than an alien lawfully admitted for
permanent residence) who-(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section
240, and again seeks admission within 3 years of the date of such alien's departure or removal, or
Also you were on a J visa which typically have Duration of Stay hence you did not accumulate unlawful presence during your overstay.
Thus from your 214(b) denial it appears the consular is not convinced you do not plan to immigrate to the USA. It would appear this is directly related to your overstay. Almost thing happened to me in 1999 where although I did not overstay, I spent more time than I told the consular officer I would at the interview.
You are married with children and already established in your country and hence there is not much you can do to improve your situation, it is already good.
You can either get an immigration lawyer to apply on your behalf (not much they can do considering your situation) or wait a few more years and reapply.
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What happens when a US visa is denied?
If denied a visa, in most cases the applicant is notified of the section of law which applies. Visa applicants are also advised by the consular officer if they may apply for a waiver of their ineligibility.Is it possible to get US visa after rejection?
A new visa application form should be filled out; however, no new application fee is due for a period of one year following the initial 221(g) refusal. If you have been refused a visa under Section 221(g) of the Immigration and Nationality Act (INA), you may reapply at any time.How do I overcome a US visa denial?
If you face a 214(b) visa denial based on not having strong ties to your country of residence, it is possible to have the denial reversed if you can provide evidence that you have these ties. A qualified immigration professional is the best one to help you gather the appropriate evidence and make your case.Why are US visas getting rejected?
Common ineligibilities leading to Visa RefusalYou did not establish eligibility for the Visa category. You were convicted of a crime that involves moral turpitude. You were convicted of drug violation. You have two or more criminal convictions for which you may have a total sentence of 5 years in prison.10 Reasons Your US Visa May be Denied
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