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The practice of remaining in a country longer than allowed by one's stay permit (visa or residency card).
43
votes
Accepted
How can I check if I am banned from travelling to the US?
The ban is a matter of law based on the facts of your situation. You can look at the law and make your own determination about whether you are currently under a ban based on the facts of your situatio …
32
votes
Is it possible to go back to the U.S. after overstaying as a child?
You never had a ban, based on what you described, assuming you left the US before age 18.5.
The ban that people worry about in such a case is the 3-year or 10-year ban under INA 212(a)(9)(B), where if …
31
votes
Can I be admitted to the US after a two-year overstay 21 years ago?
Since you overstayed an entry on the Visa Waiver Program, you are forever ineligible to use the Visa Waiver Program again, according to 8 USC 1187(a)(7), so (unless you have become a Canadian citizen) …
29
votes
Canadian overstayed in the US for 14 years. Can I leave to Canada and return back to the US?
There are a few things here.
First is the potential INA 212(a)(9)(B) ban if you leave the US. Specifically, if you accrue 180 days of "unlawful presence" and then leave the US, you trigger a 3-year b …
26
votes
Overstayed my US visa for over 9 years, never got deported, can I return as a tourist?
You don't qualify for the Visa Waiver Program because you've overstayed. When you apply for the ESTA it will ask you if you've overstayed. If you apply for a visa, it will also ask if you've overstaye …
20
votes
US visa overstay on a F1 visa and returning home
First, the US has no exit checks, no matter when departing by air, sea, or land. One never interacts with immigration authorities when departing the US. Theoretically, CBP could conduct random checks …
14
votes
ESTA overstay and future visits to the US
However, overstaying will cause you to not be able to use VWP in the future, which means you will have to apply for visas to visit. …
11
votes
Getting a B2 visa after an overstay almost 25 years ago
It may not be "convenient", but if the form asks about your previous stay, you must answer it honestly, or else you would be lying, and lying to US immigration is a very bad thing and will trigger a p …
10
votes
How can I visit the USA again?
Assuming you were in the status in visitor status or any status other than F (student) or J (exchange), you would have gotten an I-94 with a specific date, and staying past that date would subject you …
10
votes
Canadian citizen returning to the US after a 10-year ban
No. If the ban is over, no waiver is needed.
As a Canadian citizen wanting to visit the US, you would simply travel with your Canadian passport to a US port of entry to seek entry as a Canadian usual …
9
votes
I overstayed in the US by about 4 years in 1997 and left voluntarily. Can I now come back as...
As JoErNanO's comment says, don't ever lie to visa or immigration officials.
As you have overstayed in the past, you will probably not be eligible to use VWP, and will thus have to apply for a visa i …
9
votes
Can I re-enter the United States after overstaying?
You have no ban, because you entered with "D/S" on your I-94, so you did not accrue any "unlawful presence" since you didn't stay past the date on your I-94 (since there was no date on your I-94).
Ho …
8
votes
How do I get past a 3-year ban from overstay with VWP?
only after those 3 years I can apply for a visa and a waiver. Is this
true?
No, this is not true. After the ban is over in 3 years, you don't need (and can't get) a waiver because you have no b …
7
votes
Applying for a B2 visa after previous overstay as a child?
You seem to have a 212(a)(9)(B)(i)(II) 10-year ban.
212(a)(9)(B) is a ban for accumulating a certain amount of "unlawful presence" and then departing the U.S. "Unlawful presence" is somewhat complica …
7
votes
How do you know if you have a 10-year ban for overstaying in the USA?
The only possible "ban" for your case is the unlawful presence ban (INA 212(a)(9)(B)). When you stay past the date on your I-94, you start accruing "unlawful presence", although if you were given sati …