Tourist visa denied

[Boiler 45,948]

It is a good reminder not to leave it to the last minute when using the VWP, look to leave with at least a few days to spare.

[subwayguy 100]

So you are basically saying he overstayed one day..literally one day.... and they will deny him FOREVER from entering USA....WOW and as for accidently= his flight was delayed and he had to stay an extra night in the US...thus expiring visa....not his fault...and as someone who had not dealt with the USCIS system before...we did not think this would become a problem. even the officer in immigration at the time...had said this should be not be a issue....as for your response...a bit of compassion and humility....at the end of the day I am a US citizen and am sure I can get him there on green card if I choose..but your response was condensing ....but as other post states suggests......US needs a solid reason for returning to home country ..what better then ..paying that much for his wife to stay in said country.

Thanks ..for advice ..but clearly..you need to find some humanity and compassion when you answer these questions...Reality is harsh..but your response doesn't have to be

if it were an airline problem, then it should have sorted out .

[milimelo 4,541]

Unfortunately, it is possible that they would deny someone a visitor's visa forever because of the overstay. They won't deny someone ever entering at all (that's a ban, and he certainly doesn't have a ban), but entering with a visitor's visa.... maybe.

Now, I don't think that it's very likely that they'll deny your husband a visitor's visa forever (and do look into the information provided here about forgiveness due to a flight delay-- that sounds promising, and maybe he could get VWP back?), but definitely possible and something that happens to people across the world all the time. They consider visiting the US (especially visa-free) to be a privilege and once used improperly, they're not in a hurry to extend it again. I know it sounds crazy (and in many ways it is) but most Western countries have similar laws and consequences. Either way, I really do think you'll be alright for the visitor's visa this time around, but just try to keep the big picture in mind.

You're actually dealing with the State department for the visitor's visa-- USCIS is for immigrating and becoming a citizen. If you think State is bad.... I've got some bad news for you for when/if you want to get your husband that green card.

Just a little bit of "down the road" prep: on the off chance that does not get this visitor's visa, you can't just apply for a green card and get him there that way. Green cards are for residency, not visiting. So you need to be moving back to the States and then apply for a spouse visa. The spouse visa is kind of a combo-- allows him to cross the border with the intention to move (which you cannot do on a visitor's visa) and acts as a "green card on arrival". But you can only get one if you (the petitioner) can show evidence of domicile (or maybe intention of domicile) in the US, so that really would not be possible for you to get for just visiting. He's certainly entitled to a spouse visa and green card and all that-- the condition is that for permanent residency in the US, you actually have to be living or have the intent to be living in the US. The spouse visas take about a year or so to process so when/if the time comes that you're thinking about re-locating, give yourself a good long lead time.

Essentially, your only options for him to be able to *visit* the US (moving is a completely different issue) are to get this visitor's visa or work to get his VWP reinstated. And a heads up for future planning purposes: you need to give yourself as much time as possible to straighten out his immigration *before* moving to the US, or you'll be in a similar tight spot.

Umm, no - you have some things wrong. Immigration is a privilege, not a right thus no one is entitled to a green card.

USC can petition for a relative's immigration to the US.

[Pennycat 880]

Umm, no - you have some things wrong. Immigration is a privilege, not a right thus no one is entitled to a green card.

USC can petition for a relative's immigration to the US.

Yeah, of course. I mean that spouse visa/green card is something for which he is eligible even though she doesn't currently live in the US. So I suppose entitled to apply (and as the spouse of a USC with no ban etc, more than likely going to get it).

And that was specifically in reference to her idea that if he gets denied a tourist visa that she's "sure she can get him there on a green card if she chooses" which.... yes and no. Yes, she almost certainly can through the spouse visa/green card process but that requires domicile which she does not currently have so... no. And No, you can't say "oops, failed B2, let's get you that green card so you can come visit my family for Christmas", which seemed like it could be the thought process (as it is sometimes--a very common misconception, maybe *the* most common misconception after "marriage magically gives citizenship" is that some people really do think that a green card is like a permanent visa, able to live outside the US and come and go as they please).

So what other things (your plural) have I gotten wrong?

[randomstairs 309]

I really don't think a short overstay like this will have any impact on the visa but, as others have suggested, he should get the visa rather than travel on visa waiver. Even if the overstay was due to his neglect, it does not suggest that he is more likely to immigrate to the US than someone without an overstay. Overstays really become a problem when they reach 180 days. I personally know someone who overstayed for almost a month and had no problem visiting again as she had strong ties to her country.

[Nena C 1]

Thanks everyone....we will try and see how it works out...will keep you posted...

[Auds 223]

Do take your mum's reports - I am sure he will get the visa, now that he has strong ties to Australia and you have a genuine reason to visit the US.

[Nena C 1]

We made a mistake...and WVP is a privilege..as it should be....I am not trying to circumvent the process .....it was a genuine mistake....the papers from the airlines were not even looked at 3 years ago....that is water under the bridge....I do own a home in the US..but due to our circumstances..I really don't want to go the route of a green card...THe process for greencard is long ..I am well aware of this and when and if we were to decide on moving back...I will definetely give myself enough time to go through the process...Someone mentioned registering the marriage..I have tried to contact the embassy and there is no information on this..any direction this would be helpful...Does anyone know if we can get the WVP reinstated for him..is there a process ?...a form ? someone to contact??..any hep would be appreciated..I just want us to travel between countries easily and without stress..as my parents are getting older and I need to be able to fly home with my husband by my side.

[Blue Raven 3]

People who overstay their visas typically have a 10 year ban on entering the country legally again.

I am not sure what exception or appeal processes exist. I also do not know if the length of the overstay is a factor. I also am not sure if coming from a visa-waiver country has any effect on the ability to visit after the overstay has been documented.

Edited May 13, 2016 by Arlinda

[caliliving 606]

People who overstay their visas typically have a 10 year ban on entering the country legally again.

I am not sure what exception or appeal processes exist. I also do not know if the length of the overstay is a factor. I also am not sure if coming from a visa-waiver country has any effect on the ability to visit after the overstay has been documented.

Why do people answer questions they know nothing about? if it is OVER 180 days but LESS THEN 1 yr it is a THREE year ban.. if it is OVER a year then it is a 10 year ban!!!

SO if under 180 days it is NO BAN.

he should have sorted it out at the time as it was the airlines problem..but he did not incur the 3yr ban so i think he has strong ties as it is.. and with you having AUS residency will help.. he should be OK. good luck!!

[aaron2020 11,651]

People who overstay their visas typically have a 10 year ban on entering the country legally again.

I am not sure what exception or appeal processes exist. I also do not know if the length of the overstay is a factor. I also am not sure if coming from a visa-waiver country has any effect on the ability to visit after the overstay has been documented.

You don't know if the length of overstay is a factor. You're not sure if coming from a VWP country has any effect. THEN WHY ARE YOU TELLING PEOPLE THAT THOSE WHO OVERSTAY TYPICALLY HAVE A 10 YEAR BAN? Do some research before you post and scare people for no good reason.

[Nena C 1]

Thanks aaron...really appreciate everything.

[kc214 8]

When I made a post about my husband wanting to apply for B2 while having a pending IR1/CR1 visa application, most people said the odds were against us, that his ties to home country weren't strong enough etc. but I really don't think you have anything to lose besides the visa application fee, which is relatively small. My husband was approved for the B2 visa and although the interview was a bit of a hassle it was definitely worth it. I think you should just go for it. Plan out before hand, have solid answers for possible negative or tricky questions and always be honest. These officers are trained to tell if someone is lying, so just lay things out as they happened. Good Luck!

[Boiler 45,948]

In most cases having a petition in process is not helpful, but it is just one factor amongst many.

And like you say you only have the application fee at risk.

[Blue Raven 3]

You don't know if the length of overstay is a factor. You're not sure if coming from a VWP country has any effect. THEN WHY ARE YOU TELLING PEOPLE THAT THOSE WHO OVERSTAY TYPICALLY HAVE A 10 YEAR BAN? Do some research before you post and scare people for no good reason.

Dear Aaron,

Most of the people I know who overstayed even by a small amount got a 10 year ban. This is also printed in the immigration guidelines. What I was stating is that I do not know what exceptions exist. I stand by that statement.

Best Regards.