I am a resident in Portugal, but I am not a citizen of Portugal. My residency card is not valid any more.

Can I apply for a USA tourist visa as an illegal resident in Portugal?

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    Why do you have a Belgium tag? What's your citizenship? – mkennedy Mar 20 '16 at 18:52
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    When you apply for the US visa, the officials are assessing your intent to return home by the time the visa expires. If you're currently residing as an illegal immigrant in another country, they will have absolutely zero reason to trust to that you won't do the same in the US. I'm not making this an answer, as I don't know the likelihood that the US officials will discover the situation and/or report you to the Portuguese authorities, but your application will clearly have a large credibility problem. – Zach Lipton Mar 20 '16 at 18:53
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    Just removed the Belgium tag, as a Belgian citizen I doubt they'd be illegal in Portugal. – mts Mar 20 '16 at 18:53
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    In addition to what @ZachLipton said: Portuguese authorities would find out about your overstay when you return, but you don't seem to have that intention anyways?! – mts Mar 20 '16 at 18:55
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    related (the legal resident version): Can I apply for and receive a US visa when residing in country other than my own? – Vince Dec 29 '16 at 20:29

Sure, you can apply. Anyone can apply. However, the application form for US visas (and probably any other visa on the planet) includes a question along the lines of "Have you ever overstayed on a visa, been refused entry to a country, etc.?" If you answer yes to that and say that you're in your country of residence illegally right now, the chances of being given a visa are zero. On the other hand, if you lie and say no, then your US visa is invalid and you'd be in the US illegally, too. Since you'll be giving them your passport for them to put the visa stamp in, they will be able to see your expired Portuguese visa, so it will be obvious that you lied on your application.

Being caught lying on a visa application, especially for something so crucial as questions about how you used previous visas, is the sort of thing that gets you banned for multiple years. These questions are important because you're essentially saying, "Hi! Please let me visit your country. I totally promise that I'll leave after X amount of time, even though I said exactly the same thing to Portugal and then didn't leave." I'm sure you can see how that would affect your credibility.

So, my advice would be not to waste your money applying for a visa that you almost certainly won't get.

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    "US your passport number and, presumably, telling them that you're living in Portugal" ... in fact, the OP will be giving US consular officials his passport which contains all his visas and residency permits - which is probably alone enough for them to figure out he is overstaying. – emory Mar 21 '16 at 0:56
  • @emory That's an excellent point -- edited. – David Richerby Mar 21 '16 at 1:04

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