QUESTION

When you've overstayed in us with an VWP visa

Asked on May 16th, 2013 on Immigration - Vermont
More details to this question:
Hello, I've overstayed in USA with a VWP visa for 210 days and I'm back to my country, can I return to USA with a B2 visa ?
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1 ANSWER

Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
You can try, but they will likely discover your overstay and refuse to allow you to enter.  You are barred from returning for three years having overstayed more than 180 days but less than a year.  If you have violated the US immigration laws and want to enter the US with a non-immigrant visa a waiver is available.  The section of the Immigration and Nationality Act (I.N.A.) that provides for a waiver is 212(d)(3).  The B2 visa is a non-immigrant visa and this 212(d)(3) waiver is available at the consulate when you apply for the B2 visa.  Here is a link to more information about the waiver process and criteria.  http://www.state.gov/documents/organization/87150.pdf
Answered on May 16th, 2013 at 8:07 PM

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