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  1. #1
    Join Date
    Jan 2010
    Posts
    6

    Default Re-Entry After Refusal for Overstay of VWP - Got B1/B2

    Hi,

    i need some advice. Few weeks ago (Dec. 27) i went to NewYork on a Visa Waiver Program but i got picked at the immigration and sent to second screening. After hours of questioning the officer denied my entry because i overstay (less than a year) in 2005 and sent me back to italy. I was told i needed a Visa to come back. I did NOT get any ban or anything. I was NOT given any document of the accident and my passport was NOT stamp or sign in any way, NOTHING at all. I was just told to get a Visa and sent back. Thats it.
    After 1 week back in my country and i apply at the consulate for a B1/B2 Visa, i went to the interview, i explained everything and show ties to my country and i got approved, the next day i got my passport with a valid 10 years B1B2 visa.
    Right now i am about to go back to US, since the accident it past 1 month, i did everything they told me...

    what shoud i expect when i arrive???

    can they refuse entry again just because it happend before???

    they NEVER gave me any document and told me just to apply for a visa and come back, thats exacly what i did.

    thank for your help!!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Re-Entry After Refusal for Overstay of VWP - Got B1/B2

    Your overstay permanently disqualified you from the visa waiver program. You now have a visa. I would expect that you'll be able to enter on your visa, but given the apparent length of your prior overstay you should be prepared to show ties to your nation of origin (home ownership or a lease contract, employment, bank accounts, family ties, etc.)

  3. #3
    Join Date
    Jan 2010
    Posts
    6

    Default Re: Re-Entry After Refusal for Overstay of VWP - Got B1/B2

    Thank you for the info. I was not sure, when they sent me back they did not wrote anything on my passport and it was strange they did not gave me any document. I told that to the consulat but the answer was not to worry. I believed i needed i waiver but i guess i was wrong.

    They would have NOT issued a Visa if i needed a waiver. Right?

    Im gonna bring all the documentation with me...rent contract, job, taxes, everything...

    Thanks again

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Re-Entry After Refusal for Overstay of VWP - Got B1/B2

    Just because you were granted a visa does not mean you will be permitted to enter. The officer at the border is allowed to deny entry.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Re-Entry After Refusal for Overstay of VWP - Got B1/B2

    Quote Quoting T53147
    View Post
    Just because you were granted a visa does not mean you will be permitted to enter. The officer at the border is allowed to deny entry.

    Very valid and much-overlooked point!

  6. #6
    Join Date
    Jan 2010
    Posts
    6

    Default Re: Re-Entry After Refusal for Overstay of VWP - Got B1/B2

    I do know that, the B1B2 Visa does NOT guarantee entry, it will be the Officer final decision.

    My original question was regarding my documentation, i went there and got denied entry but my passport was NOT signed in anyway and i was NOT given any documentation of the accident. They just sent me back.

    I went back and got my VISA but i was NOT sure if i needed a waiver.

    Which i still dont know since i DONT trust the officers or even the consolate They do pretty much anything they want...and in the event of a mistake from them i would still pay for it...

  7. #7
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Re-Entry After Refusal for Overstay of VWP - Got B1/B2

    You have a visa. If you needed a waiver, they would not have granted it.

    You may not trust the consular officials, but you and you alone are responsible for your problems. You should consider yourself lucky to have received a visa since your past behavior does not speak well to you following US laws. You should be thanking rather than maligning them as they decided to give you a second chance.

  8. #8
    Join Date
    Jan 2010
    Posts
    6

    Default Re: Re-Entry After Refusal for Overstay of VWP - Got B1/B2

    You are 100% right, we are responsable for our own problems and behavior but i still wont be thankful to them in any way. At the immigration office they threath people with NO RISPECT, they handcuff and search you just like you are a criminal because "its standard procedures", thats just not right, NO WAY i wont be thanking no one. I studied in US and i travel a lot for business and pleasure but i still think that "gettin into USA its not a right but a privilege" its bullshit.

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Re-Entry After Refusal for Overstay of VWP - Got B1/B2

    Quote Quoting buddhaspug
    View Post
    You are 100% right, we are responsable for our own problems and behavior but i still wont be thankful to them in any way. At the immigration office they threath people with NO RISPECT, they handcuff and search you just like you are a criminal because "its standard procedures", thats just not right, NO WAY i wont be thanking no one. I studied in US and i travel a lot for business and pleasure but i still think that "gettin into USA its not a right but a privilege" its bullshit.


    You can think what you want.

    It is NOT a right.

    It really is that simple.

  10. #10
    Join Date
    Jan 2010
    Posts
    6

    Default Re: Re-Entry After Refusal for Overstay of VWP - Got B1/B2

    Quote Quoting Dogmatique
    View Post
    You can think what you want.

    It is NOT a right.

    It really is that simple.

    Unfortunately that is right, and we all know that, but still it doesnt mean we have to agree. Freedom of speech.

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