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  1. #1
    Join Date
    Aug 2008
    Posts
    5

    Default Re-Entering After A B2 Visa Overstay

    I entered the US on a B2 visa. Then overstayed for a period of over 8 years. I left the country voluntarily and became a citizen of an European country. I attempted re entry in the US with my newly acquired passport and without a visa (Visa waiver), and was allowed for a period of 90 days. I stayed only for 5 days and then came back to Europe. I'm seeking a carrier on the tourism business, and I'll need to travel a lot between the US and Europe,but for what I've understood in order to travel back and forth the US repeatedly I will need a visa and not just a visa waiver. Question is, when I file my petition for a visa will I be asked about my previous citizenship and whatever I did when I was only a citizen of that country? The fact that I entered in the US with my new passport demonstrates that since I've never overstayed on a visa waiver I'm eligible to use it, but I'm still banned to get a visa since I previously overstayed. Will I lose my visa waiver privilege if a visa is denied?

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Re-entering After A B2 Visa Overstay

    Yes, you will lose visa waiver with visa denial.

    Your stays in the US before getting your current citizenship are certainly a consideration in your visa applications. Lying about your previous overstay is fraud and may get you a ban.

    I believe you may be overconfident about your ability to use the VWP given your history of overstay even though it was as a citizen of a different country.

  3. #3
    Join Date
    Aug 2008
    Posts
    5

    Default Re: Re-entering After A B2 Visa Overstay

    [In that case i guess I won't be asking for a visa until the time of my ban is over, but i will keep on using the visa waiver because I have never overstayed using it

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