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Question About US Visa Waiver

Susan asks…

US visa waiver issue?


i overstayed a visa waiver by over a year in 2003, and when i tried to reenter the US was refused and put back on a plane back home. However I’m unaware as to whether i’ve been given any ban prohibiting entry into the US for any time period, and exactly what this ban entails (ie if I apply for a visitor visa from a US consulate can I then reneter the US). Also if I need to relocate to the US with work (i’m training as a doctor) then does this prohibit me from moving?


Best Answer:

It is not impossible, but definitely difficult and costly.

First of all, overstaying for more than a year results in a ten year ban – and yes, that does prohibit your from moving to the US and working there. What they did to you last time (‘putting you on the next plane home’) is just one mini step away from what is generally known as deportation. However, is overstaying the only problem? Did you work without a working permission in the meantime? Anything else that shows on your record?

You do not qualify for a tourist visa. At all. For the rest of your life, you will always have to apply for a visa to enter the US.

If you wanna relocate to the US and work there, you will need first of all an employer who would be willing to sponsor you a working visa.
You will have to file the petition for the working visa at the consulate, do the medical, go to the interview where the officer will tell you that you are not eligible for the visa cause of your overstay – and he will determine whether you are eligible for a ‘waiver of inadmissibility’ or not.
If the officer says yes, you will need a really good lawyer to help you justifying why exactly you overstayed so long and why it should be excused.

Posted From Yahoo! Answers (for informational purposes only)

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