Can son help me applying for a tourist visa ?

[Megk 0]

]Hi

I need some advices before applying for a tourist visa...

I overstayed for about 3 years (B2 visa) then decided to go back home in Europe with my son.

I've never tried to back to USA since. We plan a few weeks vacation next september but i'm quite worried about beeing refused by immigrations officers because of overstay ?

My 21 years old son has a us citizenship, that it help, what about overstay before 1997?

Thank's for reading me.

Megk

[Megk 0]

Oups, went back home in 1992/1993 ...

[canadian_wife 1,827]

You have a 3 year overstay and a USC son, you need a B-2 visa, what ties do you have to your home country?

Good luck

[Penguin_ie 5,996]

You will need to apply for another tourist visa. You have nothing to loose really, but between the long overstay and having a US citizen son, I think your chances aren't great.

[Megk 0]

But my son wants to visit with me for the first time and i didin't know for a live ban for overstay 22 years ago....anyway, i won't try because i can't imagine beeing refused or arrested in front of my son !

Thanks

[Penguin_ie 5,996]

Your tourist visa interview would be on your own, so there would be no "in front of your son".

[Megk 0]

Your tourist visa interview would be on your own, so there would be no "in front of your son".

Thanks for your help, i've just found this...

]Aliens Unlawfully Present

Section 301 creates bars to admissibility for aliens who were “unlawfully present” (i.e., overstayed a visa or entered without inspection and were therefore neither admitted nor paroled). According to INA §212(a)(9)(B)(i)(I), an alien unlawfully present for more than 180 days but less than one year, and who left the United States voluntarily before removal proceedings began, is inadmissible for three years from date of departure. According to INA §212(a)(9)(B)(i)(II), an alien unlawfully present for one year or more is inadmissible for 10 years from the date of departure. Additional information relating to the three and ten year bars appears here. Periods of unlawful presence prior to April 1, 1997 are not counted.

Edited February 10, 2013 by Megk

[Megk 0]

This is from : americanlaw.c/1996law

Don't know to creat a link

Edited February 10, 2013 by Megk

[canadian_wife 1,827]

Yes, if you had a ban it would be over now

However, how do you plan on showing you don't plan on overstaying again?

Why would you get arrested? And your son won't even be there

good luck

[Penguin_ie 5,996]

Canadian wife is correct, there is no ban (anymore). But that does not mean you will get the visa- it just means it's not an automatic denial, you still need to apply, and your previous overstay and USC son will go against you.

[Megk 0]

Yes i do understand that my son USC will be "against" me...But now i'm almost 44, i have ties in France and there's no way i'll overstay again, my son is here and doesn't not use his US citizenship.

Anyway, do you know which visa, my son will travel with french passeport + esta

Edited February 10, 2013 by Megk

[Penguin_ie 5,996]

If your son is a US citizen, he is supposed to use a US passport to travel to and from the USA. He should not use a visa or esta.

If you have good ties to France, a tourist visa is worth a try- all you have to loose is the filing fee.

[Megk 0]

..Please how can i remove this discussion ?

Thanks

Edited March 3, 2013 by Megk

[Boiler 45,993]

You can ask a Mod to close it, you can not remove it.

The worst that can happen is that you apply for a visa and they say no.