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laramin

my uncle question about his tourist visa over stay

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No. He cannot go back on that visa. Since he overstayed his b2 visa became invalid. He will not be allowed to enter the US. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: Citizen (apr) Country: Taiwan
Timeline
12 minutes ago, laramin said:

so sir he cant go back forever? they dont have any penalty like 3years he cant comeback to the u.s? even he tries to re apply a visa again.no other option?

The moment he overstayed his B2 visa, it was automatically voided........He will have to apply for another one in his country.  The fact that he previously overstayed will be a major negative factor in getting another one.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Because he abused the privilege of being able to visit the USA once before, don’t be surprised if that privilege is denied him when he asks for it again. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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2 hours ago, laramin said:

hi guys my uncle is asking about he got multiple tourist visa so he over stay at the u.s 1month overstay. he got 10year visa at the u.s. is he able to go back or not in the u.s? he have 10year visa but he dont know of hes able to comeback or hes blocklisted for beig overstay at 1month in the u.s

If he overstayed even one day then his visa got automatically cancelled. Even if the physical visa in the passport is not stamped as cancelled, it will be listed as cancelled in all US immigration systems. Because of his overstay, he now (1) has to apply for a new visa and (2) can only apply in his country of nationality.

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Filed: Timeline
On 8/12/2018 at 5:23 AM, laramin said:

hi guys my uncle is asking about he got multiple tourist visa so he over stay at the u.s 1month overstay. he got 10year visa at the u.s. is he able to go back or not in the u.s? he have 10year visa but he dont know of hes able to comeback or hes blocklisted for beig overstay at 1month in the u.s

By overstaying, he violated the terms of his visitor visa.  Overstaying even 1 minute means his visitor visa is automatically cancelled. 

He can not use his visitor visa anymore.  Even if he gets on a plane to the US, he will be refused entry and have to buy a return ticket at his expense.

Overstaying one month does not create a ban or being blacklisted.  He will need a new visitor visa to come back.  Based on him abusing his prior visitor visa, he is unlikely to get a new visitor visa anytime soon.  

 

On 8/12/2018 at 5:46 AM, laramin said:

so sir he cant go back forever? they dont have any penalty like 3years he cant comeback to the u.s? even he tries to re apply a visa again.no other option?

He is not banned forever.  He needs to apply for and get a new visitor visa since he overstayed on his previous visitor visa.  

There is no 3 years ban.

 

There is no other option.  Your uncle was given a privilege, and he abused it.  He pays the consequences of his choice and his actions.  It's well know that overstaying on a visitor visa means automatic cancelation.  

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