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What are the rules on this?

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  • What are the rules on this?

    I overstayed in the US for about 5-6 years, I entered the country under the visa waiver program from Scandinavia (I'm a native Scandinavian national). Under the latter part of my stay I ran into the INS, they saw that I had overstayed. I told them I was heading back home and I was given a date (I think it was one month) by which time I had to leave. I was given papers to hand in at the airport when I left. This all happened about 9 years ago and I don't remember too much of the specifics such as what the papers said, but my departure was voluntary. I have not been back to the US since. However, I may want to visit the US some time soon now for less than 90 days. I would not consider going under the visa waiver program again and would feel more comfortable applying for a visa given my previous overstay. My questions are as follows: what information should I give the US embassy here regarding my previous overstay and how much time should have passed between my departure from the US and the time I apply for a visitors visa? Should I wait until 10 years have passed? Or is 9 years more than enough?

    Any information would be much appreciated. Thanks

  • #2
    You will need to wait until 10 years have passed. Your "voluntary departure" simply means that they would not arrest you and deport you, but the 10 year bar is still in place. And you can not use the visa waiver program ever again.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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