Overstayed a Couple Days and Denied H1b

[jasonvorhees]

Hello everyone,

This is the case, back in 2002 when I was only 16 years old I went to the US to visit a friend of mine under the visa WAIVER program and overstayed for a week, I then flew back home meaning nobody caught me or stoped me or anything like that at the Airport, I departed the US by MYSELF.

Back in 2003 a friend of mine in the US sponsored me and sent me all the paperwork which has been aproved to him in the US for me to get an H1B, I went to the US embassy down here being 17 and the application been denied because this angry lady at the embassy told me the H1B was being denied cause I overstayed a week on my waiver.

I work right now for the government, get paid really well, have ties and such and a pretty cool job and I would love to visit USA for 15 days.

I was wondering if a tourist visa is going to be denied, if showing I have enough money and a job and such is enough and if they will give it to me or not.

The issue is a 10 day overstay under the Visa Waiver Program from almost a decade ago considering it happened back in 2001.

I have a couple questions too, going through the DS-156 form I see the following questions:

* Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action?

I have been arrested back in 2005 but the charges were dismissed because I was not guilty or found any evidence, in this particular case should I answer YES or NO? I ask this because I have never been convicted.

* Have you ever been refused admission to the US?

The only refused thing that ever happened to me was the H1B being denied at the embassy in my home country, then I should answer NO right?

* Have you ever been refussed a US visa?

Yeah, the H1B was denied, then I should answer yes right?

I will be going to the embassy with my bank account having 30,000 USD in there, I will also get my company to write a letter saying I work for them and will work for them for the next year too saying how much money I earn, show the people at the US embassy I have a house down here, mother and girlfriend.

What are the chances of my VISA being given? I want it for 10 days only.

[smohanty]

The H1B is specifically for trained skilled professionals. As I see it there is no way a 17 year old would be regarded as that and be granted an H1B (even if he hasn't overstayed).

You can try for a visitors visa but there are no guarantees and no one can say for sure whether or not you would be granted one. The visitors visa is a privilege and the consulate is not obligated to give one to any one. It is a very subjective process.

You might also want to contact the consulate and find out whether the visa waiver still applies to someone who has overstayed an earlier waiver.

* Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action?
Ans. Yes

* Have you ever been refused a US visa?
Ans. Yes

[obiter]

B1/B2 Visa

In your case, you will have to apply for B1/B2 Tourist Visa to reenter U. S.

What U. S. Consulate General wants to see the most when they interview you for B1/B2 Visa is whether you have a strong enough "TIE" in your home country. It is because they want to see that you have a COMPELLING REASON to come back to your home country.

Their standard of "TIE" varies for each U. S. Consulate of each country. I at least know that, in U. S. Consulate General in Australia, they usually consider that you have a strong enough tie in your home country if you have (1) professional job, (2) citizenship or permanent residency in the country where the U. S. Consulate is located, (3) family members, and (4) your own house.

In particular, if you have a "mortage" in your own house, they usually will consider that you have a strong enough tie in your home country. If you have a mortgage, then it not only means that you must come back to your home country to repay the mortgage, but it also means that you cannot simply sell your house in your home country and buy a new house to live in U. S.

Even when you apply for H1B again in the future, if you show these things and convince that you have strong enough tie in your home country (in addition to other H1B requirements), then you may get H1B.

Please contact me at "[email protected]" if you have any questions.