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  1. #1
    Join Date
    Jan 2014
    Posts
    5

    Post What are the Chances of Getting a Visa With a Prior Overstay

    Please help! I overstayed in USA on B2 tourist visa for 3 1/2 months after I ran out of money and was unable to buy tickets to return to my home country from USA until mid-December 2001. I remember applying for an extension but did not remember getting a response. Due to sudden change of home in my home country when I returned back there, I had not received the cancellation of my visa at all thus I had no knowledge of my overstay's repercussions. When I visited USA in April 2004, I used the Visa Waiver Program and had no problems with immigration officials, perhaps due to now having a return ticket and my intention of staying in the USA for only a few days this time. Now I have been told that my overstay prohibited me from using the VWP. I have not been to USA since April 2004 at all. I understand that my 2006 UK police caution f0r common assault (a minor incident) is not a criminal conviction and may not block me from getting another USA visa. I already got F-1 student visa for my MSc degree studies in IT in late 1990s, plus optional practical training and grace period before I got the B-2 visa so you see I already got two visas from the London US Embassy without any problems, though at that time I did not go through an interview. Will I be penalised for using Visa Waiver Program in April 2004 (before I got my police caution) after the possible cancellation of my visa? I wish I was aware of this problem. What are my chances of getting an US visa in 2015? I will doubly make sure that I do everything legal regarding US visa application. Must I mention my last visit to USA on VWP in 2004 if I file DS 160 form as I initially decided to keep quiet but now changed my mind in case they have 2001 and 2004 records of my US visits.

  2. #2
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: Can I Still Get an Us Visa in 2015

    You have not indicated what type of visa you are seeking.

  3. #3
    Join Date
    Jan 2014
    Posts
    5

    Default Re: Can I Still Get an Us Visa in 2015

    Would like a non-tourist visa, specifically a work visa like H1B visa. I am not sure yet because of the US Government's forthcoming comprehensive immigration reform this year.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
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    17,019

    Default Re: What are the Chances of Getting a Visa With a Prior Overstay

    You cannot obtain an H1b. An employer needs to file for it because they want you to work for them.

  5. #5
    Join Date
    Jan 2014
    Posts
    5

    Default Re: What are the Chances of Getting a Visa With a Prior Overstay

    I see now. I'm realistic about H1B visa sponsorship from now on and hope that I will find a company who is willing to file for H1B visa if they really want me to work for them. Is it possible for me to get another B2 visa to visit USA for about one week? I can furnish return tickets (refundable) when I go for my first visa interview.

  6. #6
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: What are the Chances of Getting a Visa With a Prior Overstay

    You apparently have no business to conduct. They may decide you have had plenty of time to be a tourist.

  7. #7
    Join Date
    Jan 2014
    Posts
    5

    Default Re: What are the Chances of Getting a Visa With a Prior Overstay

    Thanks for your feedback. That is probably why I have not been to USA for nearly 10 years. OK, I will do my best to get non-tourist visa sponsorship like H1B visa.

  8. #8
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: What are the Chances of Getting a Visa With a Prior Overstay

    Immigration reform is unlikely to make any difference in your situation. Do not come expecting to remain based on some rumors.

    Oh, and they are likely to have all records. The US government has a very long memory when it comes to immigration issues.

  9. #9
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What are the Chances of Getting a Visa With a Prior Overstay

    The issue isn't so much your history, yes that precludes using the VWP, but problem is that you appear to be ready to like about your visit intents and this is NOT the "how do I break immigration laws and get away with it forum." We can NOT make recommendations on how to do that. You need to make your negotiations with the potential H1B sponsors from the UK. There are no non-immigrant visa categories that are for the purpose of hunting around looking for an H1B sponsor.

  10. #10
    Join Date
    Jan 2014
    Posts
    5

    Default Re: What are the Chances of Getting a Visa With a Prior Overstay

    Thanks for your posts. I will be honest with my overstay and VWP if immigration ask me questions about my last USA visits. I will stay here in the UK and make my negotiations with any potential H1B sponsors from there if I am lucky to find an US employer who is willing to offer me employment with H1B visa sponsorship.

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