If I came to the US on a visa waiver program and have already overstayed for 3 weeks, what are the chances that they would approve me a tourist visa for coming back to the states in about 6 months?

I am planning to return home in 2 weeks so the total overstay would be 5 weeks. I know this makes me ineligible to travel again on a VWP and if the overstay is 180-360 days I am facing a ban of 3 years. My overstay would be under 180 days.

Asked on September 28, 2015 under Immigration Law, Massachusetts


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Then you would not be banned from reentry but you'd need to apply for a visa before being able to enter the US you'd be ineligible to travel on the VWP and it is unlikely that you'd get the tourist visa, from practice unless you can demonstrate a fairly good reason for the overstay.

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