Installment
Thirty nine
Q: I once lived in the U.S. illegally. Am I still eligible for a visa?
The answer depends on how you entered the U.S., how long you stayed illegally and what type of visa you are applying for.
If you entered the U.S. by using fake documents, you may be ineligible from entering again. For example, if you used a genuine U.S. passport and assumed the identity of an American citizen to gain entry on or after September 30, 1996, you are permanently ineligible for both nonimmigrant and immigrant visas.
If you entered the U.S. legally on a tourist visa and stayed longer than allowed, you should know that this may have serious consequences. Visitors who overstay may be barred from visiting or immigrating to the U.S. for a period of three to ten years, depending on when and how long the illegal stay is.
Applicants should note that an illegal overstay will affect their ability to qualify for a tourist visa. Remember that each applicant must overcome the presumption that he or she is an intending immigrant by demonstrating strong ties to Guyana. If one has stayed illegally in the U.S. it will be more difficult to prove this. It is at the discretion of the interviewing officer to determine whether or not you qualify for a visa.
Applicants who entered illegally or overstayed and are applying for immigrant visas are subject to specific calculations in determining ineligibility. People who have lived illegally in the United States for more than six months after January 1, 1997 are considered ineligible to enter the U.S. If you were unlawfully present in the U.S. between 180 days and one year, you are inadmissible to reenter for a period of 3 years after your departure. Individuals unlawfully present for more than one year are inadmissible for 10 years after departure. Please note time before April 1, 1997 and when the foreigner was under the age of 18, do not count in calculating ineligibility.
If you have had problems with the law in the U.S. or with U.S. immigration authorities in the past, chances are that we either know about it, or will discover it before you are issued a visa. Be honest on your application and at the interview. A waiver may be available for applicants who have made mistakes in the past.
“Ask the Consul” is a weekly column from the U.S. Embassy answering questions about U.S. immigration law and visa issues. If you have a general question about visa policy please email it to us at AskGeorge@state.gov. We select questions each week and publish the answers in Stabroek News and on our website at http://georgetown.usembassy.gov/guyana/ ask_con.html. For more information about visas please see http://www.unitedstatesvisas.gov or http://georgetown.usembassy.gov/.
Other than the questions we select, we DO NOT respond to questions sent to Ask the Consul. Please contact the visa inquiries unit (email visageorge@state.gov or call 225-7965 between 8 am- 4 pm Monday through Friday) if you have questions not answered elsewhere.
