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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 108691
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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What are my chances of getting a tourist visa, after overstaying.

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What are my chances of getting a tourist visa, after overstaying. I want to go for a holiday and also a seminar. I left in jan 2010, but my visa was up in June 30th 2009. I did go over for the day to mexico, and thought that counted as leaving?
Submitted: 2 years ago.
Category: US Law
Expert:  T_Graham12 replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Basically if you overstayed for a period of 6 months then you would have probably have received a ban from re-applying (or should have done) for a period of two years.
If you left for a day during the period that you were in the UK, then it would still count as overstaying or a breach of the immigration rules because entering because if you are a US citizen and enter under visa waiver privileges then it’s not permitted to be used for multi entry purposes (ie. when you enter/leave/re-enter within a short period of time).
Although the ban may have lapsed now, this only means that an application that you submit will not be automatically rejected. However, although they will consider an application that you do make now, they are entitled to take in to account the previous overstay. This will mean that your application will very likely be rejected.
If there is no human rights element, in that you are coming to visit a spouse or child, then your chances are very small I’m afraid.
If you were to apply you would certainly have to explain what happened and attempt to mitigate it by advising that you were unaware you were overstaying and also submit character references from person of authority who know you. Even then, your chances would still be poor I’m afraid.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

This is all wrong I am a british citizen, not a US citizen.

Customer: replied 2 years ago.

this is no help as I am a Uk citizen and want to go to States not UK!!

Expert:  T_Graham12 replied 2 years ago.
Hi,
Well, I'm not sure how I would know that after you have posted your question to the UK Immigration law section without saying you are a UK citizen.
I will ask the mods to recategorize the question to US law. Please be patient,
Tom
Customer: replied 2 years ago.

Well it asked what province i was interested in and i said USA and mexico is nowhere near the UK, but next to US!!

Sorry that was not clear enough and your not a us lawyer you would not know that i guess! I hope i have not been charged for this!

Expert:  T_Graham12 replied 2 years ago.
Hi
Please be patient and a us attorney will assist in due course.
Expert:  Guillermo Senmartin replied 2 years ago.

Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.

Yes, unfortunately, to leave to Mexico (or Canada or any of the adjacent islands to the U.S.) and "reset" the time, you would have had to have gone for at least 30 days. So basically, you activated the 3 year bar which means that you would not be able to get a visa to come to the U.S. unless you also got a very hard to get waiver. However, since it has been more than 3 years since you last left the U.S., you no longer need the waiver. You cannot use an ESTA, of course, but you can apply for a new B-2 tourist visa. You will, however, have to convince the visa officer that you will not overstay or otherwise violate a U.S immigration law again. In order to help you,

I will provide you with two links that may be helpful. The first is to an article that will explain what they look for when issuing a non-immigrant visa like the B-2. The second is a list of things that can be presented to prove non-immigrant intent and the strong ties to the home country.

http://www.ilw.com/articles/2009,0528-schwartz.shtm

https://help.cbp.gov/ci/fattach/get/46680/0/session/L2F2LzEvdGltZS8xMzk3NDE3MzcxL3NpZC85M1BEQ0lSbA==/filename/Intentions+and+Ties.pdf

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Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 108691
Experience: Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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