What are the odds of a B2 visa after voluntary departure?

[destiny87 0]

It's already been more than 10 years and I wanted to know if there were chances of getting  B2 visa at least. I've just submitted my application, paid the fee and have the appointment set for Feb 14. I want to be a tourist and in the future work on fixing my case. I never married nor had kids with anyone in Peru nor care to. This is my story:

 

I was born in Lima, Peru in 1987. Within the first 2 years of my life (no memories of my own) there was terrorism. My father fled to the USA illegally but tried to file for political asylum. Then in Dec 1991, my mother brought me to the USA. My parents had no money to apply for any visa, much less pay visa fees at the time. The Peruvian currency is much lower than dollars. They didn't want to take the risk of a visa denial, since that's unrefundable. By 1996 my father's court case for political asylum was unsuccessful and he was granted voluntary departure. He refused to leave and stayed till Oct 2006, which he got deported.

 

Meanwhile my mother's court case was pending and we were working with our EAD cards. We were finally called for an immigration hearing by March 2007. The judge only spoke to my mother (with a Spanish interpreter) while I just sat in the back row. The case failed and we were granted voluntary departure. We obeyed and have been in Peru since May 2007. I plan on fighting my case till the end if my visa gets refused the first time. 

 

Back to my question....what are the chances of finally reentering the USA (I have good earnings in dollars and can afford my whole trip; I'm a bilingual translator working from home) as a tourist at least? By the time I found out about the situation and my case, I was already in college (over the legal age) and was clueless about immigration laws. For the longest (as a child and during the whole teen years), I really thought we were at least residents. 

[destiny87 0]

I'm new to this website and don't know why the attached file is displaying on my thread. Disregard it. I've heard of a couple people that were deported and had worse cases than me getting back in the USA successfully. If they got back I'm sure there has to be a way for me.

 

At this moment I'm determined to fight till the end. My long-term friend already did the invitation card. She's ok with me visiting her.

Edited February 8, 2020 by destiny87

[geowrian 22,338]

Only way to know is to apply. They will look at the merits of your case.

I'm not too convinced the previous EWI will be significantly factored since you were a child.

Although by my calculation you were 19 or 20 by the time of the voluntary departure, which means you were unlawfully present of your own will as an adult. That may raise concern of overstaying, finding a way to legally stay (i.e. via marriage), and possibly even bringing your parent afterwards.

Either way, the CO will assess the merits of the case. Give it a shot...there's nothing to lose so long as you are honest.

Best wishes and good luck!

 

12 minutes ago, destiny87 said:

I plan on fighting my case till the end if my visa gets refused the first time. 

Not sure what you plan to fight exactly. A refusal under 214(b) (immigrant intent - the most likely reason you would be refused the visa) cannot be challenged. You can apply again at any time, but there's no way to challenge their decision.

 

11 minutes ago, destiny87 said:

At this moment I'm determined to fight till the end. My long-term friend already did the invitation card. She's ok with me visiting her.

No such thing as sponsorship for a tourist visa. An invitation letter is not a requirement or factor considered for a tourist visa (per DOS: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html).

 

12 minutes ago, destiny87 said:

I'm new to this website and don't know why the attached file is displaying on my thread. Disregard it.

I asked that a mod remove it.

[destiny87 0]

yeah it's worth a try. At this moment, I just want to be a tourist. I only plan on visiting for 2 weeks.

 

I was nearly 20 when the voluntary departure was granted. At the time I was living with my mother and couldn't even afford an apartment. I didn't have enough money do anything but help my mother pay the flight tickets.

Edited February 8, 2020 by destiny87

[Boiler 45,912]

28 minutes ago, destiny87 said:

yeah it's worth a try. At this moment, I just want to be a tourist. I only plan on visiting for 2 weeks.

 

I was nearly 20 when the voluntary departure was granted. At the time I was living with my mother and couldn't even afford an apartment. I didn't have enough money do anything but help my mother pay the flight tickets.

Low but no harm trying worst they can do is say no.

[SusieQQQ 11,587]

9 minutes ago, Boiler said:

Low but no harm trying worst they can do is say no.

Agree

[destiny87 0]

10 minutes ago, Boiler said:

Low but no harm trying worst they can do is say no.

True. My parents ruined it all by not doing things the legal way in the first place and not informing me the whole situation till it was late. I was 6-7 months past my 18th b-day when I started college and became fully aware of the situation for the first time. 

 

 

[SusieQQQ 11,587]

1 hour ago, destiny87 said:

True. My parents ruined it all by not doing things the legal way in the first place and not informing me the whole situation till it was late. I was 6-7 months past my 18th b-day when I started college and became fully aware of the situation for the first time. 

 

 

Unfortunately, they are not exactly going to look at it that way. They are going to look at everything that happened after your 18th birthday as being your responsibility. (Even though it’s perfectly understandable from a “human” perspective that at that age you didn't decide to leave your family and home to go back to a country you didn’t know.)

[destiny87 0]

If it gets denied and I want to try again within 8-12 months later, would I need a non-immigrant waiver? Is it the same as if I had been deported, even though I wasn't. 

[geowrian 22,338]

11 minutes ago, destiny87 said:

If it gets denied and I want to try again within 8-12 months later, would I need a non-immigrant waiver? Is it the same as if I had been deported, even though I wasn't. 

No. You can reapply anytime. No waiver needed (unless deemed inadmissible for some reason).

[destiny87 0]

1 minute ago, geowrian said:

No. You can reapply anytime. No waiver needed (unless deemed inadmissible for some reason).

Ok cool. Well I have all the documents needed (have NO past criminal record while in the USA, got the money to pay my trip, have been working on my job for 5 years and live with my family) and will now just patiently wait for the 14th. 

[geowrian 22,338]

2 minutes ago, destiny87 said:

Ok cool. Well I have all the documents needed (have NO past criminal record while in the USA, got the money to pay my trip, have been working on my job for 5 years and live with my family) and will now just patiently wait for the 14th. 

Good luck

[African Zealot 1,455]

My advice for your interview is to keep your answers short and concise. Your writeup here had quite a bit of rambling and unnecessary details and explanations that we didn’t really need to know to advise you. Don’t repeat similar at your visa interview.

 

Good luck.

[Downloader 199]

7 hours ago, Ray.Bonaquist said:

My advice for your interview is to keep your answers short and concise. Your writeup here had quite a bit of rambling and unnecessary details and explanations that we didn’t really need to know to advise you. Don’t repeat similar at your visa interview.

 

Good luck.

This, don’t go and try to explain your life history to the CO...they will know what they need already. Keep your answers short and straight. 
As mentioned before, nothing to fight here as a Tourist Visa is a privilege not a right. Invitations in this case would do more harm than good in my opinion. 
Good luck with your interview and come back to let us know the outcome. 

[carmel34 3,650]

14 hours ago, destiny87 said:

Back to my question....what are the chances of finally reentering the USA (I have good earnings in dollars and can afford my whole trip; I'm a bilingual translator working from home) as a tourist at least?

To successfully get a tourist visa to visit the US, you will need to overcome assumed immigration intent by showing strong ties to Peru.  You may receive closer scrutiny because of what happened 10+ years ago.  Think of this from the interviewing officer's perspective:  you entered the US illegally as a child, then left because you were forced out as an adult.  Your family has a history of entering the US on tourist visas and staying illegally.  You can work from home so that means you could work from anywhere, including in the US.  You live with your family so you don't even have an apartment lease of your own, you didn't mention owning any property in Peru.  You keep saying that you "want to get back to the US," as if it will be permanent.  You probably have friends or maybe family in the US.  All of this will be viewed as you having stronger ties to the US than Peru, and could result in the visa being denied.  I would suggest that if you are denied, that you work on making your ties to Peru stronger--get a job where you have to physically be in Peru, your own apartment lease, own property in Peru, get married and start a family in Peru, etc.  Then apply a year or two later to visit the US for a regular family vacation, and hope for approval.  And make the trip you want to take to the US short, two or three weeks at most, as a normal tourist visiting typical places like Florida, California, New York City, etc.  Good luck!