B-2 overstay - Now want to enter the US again for 6 months

[Yahonk 0]

Hey!

My situation is this:

In 2007 I entered the US on a B-2 visa and was allowed 6 months of stay. I applied for an extension, which was denied Feb 1, 2008. I didn't quite understand what was going on and had a long correspondence with USCIS, until Apr 1, 2008. I left the country on Apr 10. Removal proceedings were opened against me and terminated when I gave proof of my leaving the country.

Now, I want to enter the US again for 6 months.

From what I read here, I am out of status now and my visa is voided. Do I have a ban? Do I need to apply for an ineligibility waiver? Where do I do this? Can I apply for a new tourist visa? What are the chances that I get a new visa?

Thank you for your help!

[Yahonk 0]

Or do you think it might be worth trying to enter on the old visa? If I hadn't read here I wouldn't know that it's void and I would have tried to enter on that visa. What's your opinion on that?

[ndu26 114]

you cannot enter with the old visa since you overstayed on it even to the point of removal proceedings started.

now getting another visa is another issue as you now have a history with them.

As for knowing if you have a ban. I think if you have an overstay of 0-180 days that incurs 3 years ban.

[Penguin_ie 5,993]

You will be turned back if you try and use the old visa, and loose the airfare and if they realise you knew you weren;t supposed to do that, it will look bad for you.

It sounds like you may have a ban, it depends on what exactly happened with the removal proceedings, and how long you overstayed.

You can apply for a new tourist visa, but even if there is no ban, it may be hard to get as they will fear you overstayiong again- after all, it has only bee 5 years since your last overstay. Why do you need 6 months in the USA? You MAY (and this is just speculation) have a better chance trying for a couple of short visits,a week or two, to show you can be trusted now.