My bf was seeing a girl in America 12-13 years ago and went over to Arizona to see her in 2007. He was having a pretty rough time then as his mum had just died and he wasn’t particularly close to his other family (no dad on the scene) at the time. Long story short, he ended up overstaying his visa due to all this by 6-8 months. He left and hasn’t been back since.

I want to go to NYC for my 30th this year and I’m really worried he won’t be granted a visa. We own a house together, he’s got a stable job and is now close with his family and I know all of these things are taken into account.

He’s applying for a b-2 tourist visa but what do people think his chances are? Just concerned doubly with what’s happening with the USA immigration atm 😕

He’s British and is now 32. He was 19 at the time this happened and pretty messed up following the death of his mum. We’ve got absolutely no intention of staying (I have a job working for a local police force in their legal dept.)

He works for a charity supporting adults with autism. He’s just been put on a management program and runs Sunday school at our local church.

He’s travelled to Europe and with the UK being in the EU (for the time being!) he hasn’t had to apply for visas other than the US.

He’s close to his family now, and mine

Thanks all

closed as primarily opinion-based by Traveller, user 56513, David Richerby, Giorgio, bytebuster Jan 28 at 13:55

Many good questions generate some degree of opinion based on expert experience, but answers to this question will tend to be almost entirely based on opinions, rather than facts, references, or specific expertise. If this question can be reworded to fit the rules in the help center, please edit the question.

  • We can't really judge his chances on here, his overstay is obviously a down point on his application. Judging by what you've said though as long as he convinces the immigration officer that he won't overstay again and come home he should get his visa, but its down to the immigration officer. Make sure he takes evidence of house and employment. – BritishSam Jan 28 at 9:54
  • @Shevib What is his nationality and how old is he? Apart from this overstay, does he have a good travel history (ie compliant with entry/visa requirements) and strong ties to home? – Traveller Jan 28 at 9:55
  • I think if the papers are fine and system does not flags him , he should be good to get the visa... – Soumen Mukherjee Jan 28 at 10:16
  • @Soumen what do you mean if the system does not flag him? – Shevib Jan 28 at 10:39
  • 2
    @Shevib Your bf’s overstay of more than 180 days but less than 1 year means that the 3 year inadmissibility bar is long over but may be on record. uscis.gov/legal-resources/… Given the length of time elapsed since his overstay, his citizenship, and apparently stable life, his chances of success should be more than reasonable providing he can produce strong evidence to convince the Immigration Officer (employment contract, property, savings etc). – Traveller Jan 28 at 11:29

The question is opinion based as explained in the comments however if you want a rough idea I would put it around 70% probability of success applying some crude statistics.

How do I arrive at that? British citizens have an adjusted refusal rate of 20% on average or 80% approval rate.

British citizens have visa free entry to USA hence those who apply for B visas are generally the small group with some problem on their record (your boyfriends category) or those who want to stay longer than 3 months allowed for visa free entry.

He owns a home, has a career, and seems settled in the UK, although not married. However his past overstay (although the ban is spent) will have an overhang on his profile.

Thus I would put his odds a little lower than the 80% average and arrive at 70%+/-.

  • 12 years ago is a long time and he was a very young man barely out of his teens. I think he has a good shot if he presents a coherent application and articulates his current stability and ties to the UK clearly. – user 56513 Jan 28 at 14:53
  • A few who have to apply for visa will also have to because of a criminal record in the UK, I think this persons overstay will be less of a negative factor than some people who apply with a criminal record. – BritishSam Jan 28 at 15:04
  • I'm sorry but 70% is just a meaningless, made-up number. – David Richerby Jan 28 at 15:09
  • @DavidRicherby You’re free to down vote and you don’t need to be sorry. That’s your opinion however unreasonable or otherwise it is, you’re still entitled to it. I couldn’t care less. – user 56513 Jan 28 at 15:12
  • @BritishSam I took that into consideration and also those with clean profiles who want more than 3 months. – user 56513 Jan 28 at 15:14

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