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In 2014, I entered the US in January as a tourist had the I94 valid until July; I overstayed (until December) for 5 months more than I was allowed. I tried to return this week, almost 4 years later, got denied entry and sent back to Brazil the next day. Is there any way to reverse the denial? What could I do to return legally, after I violated the terms on my earlier visa?

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    "violating a law" is the definition of committing a crime... – Roddy of the Frozen Peas Sep 17 '18 at 5:43
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    I think your only option is to invent and build a time machine and use it to go back in time and not overstay. And just to reiterate: Overstaying is a crime. – Henrik Sep 17 '18 at 6:05
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    You cannot reverse the denial. The USA does not want you back, and you have yourself to blame. You do not have a bar to entry since your overstay was was less than six months. That said being issued a visa is a privilege, not a right and they have decided to subsequently deny you the privilege. Your chances of ever entering the USA on a nonimmigrant visa in the future are slim at best but particularly nonexistent under this administration. – cHiEf Immigration vIoLaTer Sep 17 '18 at 6:20
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    Overstaying a visa in the USA is not a crime, it is a civil offense. Crimes are criminal offenses, let’s get that straight. Some people behave here like overstaying a visa is similar to committing a homicide. Let’s get real and cut out the pontificating. – cHiEf Immigration vIoLaTer Sep 17 '18 at 6:21
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    @Henrik: "And just to reiterate: Overstaying is a crime." Wrong. Overstaying in the US is NOT a crime. Something must be specifically defined as a crime in the law for it to be a crime. No federal law defines overstaying as a crime. No law provides for any fine or jail time for overstay. – user102008 Sep 18 '18 at 0:40
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No, there is no avenue for appeal or option to "reverse" a decision. The fact is, you overstayed; you cannot change that. Your only option is to apply for a new visa, demonstrating very strong ties to your home country, and hope that they approve it. If they don't, there is nothing else you can do.

  • I was just curious Greg, in this situation, let's say the person P actually MARRIED a USA woman, W. (So, let's say W happened to be working in Brazil for two years as a manager at a corporation, P was also a manager at the corporation, they meet, fall in love, get married (in Brazil, say), and have a child.) Even in that case, would P typically be allowed entry to the USA?? – Fattie Sep 18 '18 at 3:05
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    @Fattie: Sorry, I don't know. In that case I would strongly suggest "consult an immigration lawyer". :) – Greg Hewgill Sep 18 '18 at 3:16
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    And the immigration lawyer would likely say (given the current political climate): “have a nice life in Brazil raising your family.” – RoboKaren Sep 18 '18 at 3:23
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    @Fattie: If they are applying for a nonimmigrant visa (e.g. a visitor visa), they might continued to be denied for the same reason they are being denied now (i.e. failure to overcome the presumption of immigrant intent). If they are applying for an immigrant visa, i.e. to immigrate to the US, then they would not be denied for immigrant intent; they should not have any problems getting an immigrant visa unless there is a ban, and nothing that has been mentioned so far indicates that she has a ban (she would have to accrue 180 days of unlawful presence before leaving to trigger a 3-year ban). – user102008 Sep 18 '18 at 14:59

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