When COVID struck, were you stranded in the United States?  There was uncertainty everywhere, borders were closed, and planes were canceled, and many individuals were in the same situation.  Because they had no other choice, several people ended up overstaying their visas.  

Years later, those people are now dealing with unanticipated consequences.  During a recent interview for a B1/B2 visa renewal, one individual felt certain that everything was in order.  However, under U.S. immigration rules, they were given a 10-year entrance ban rather than a visa.  Why?  Despite the epidemic making it practically hard to escape, they overstayed their visa by more than a year.

This is what took place.  Before their lawful stay ended, they requested for an extension after entering the country on a B1/B2 visa.  They were told they just had one month left by USCIS five months later.  However, COVID-19 altered everything before they could go.  Countries blocked their borders, flights were canceled, and movement was all but impossible.  

After four and a half years, they eventually departed the country willingly, with no criminal records, no removal orders, and no deportation.  However, the U.S. Embassy asked for documentation of their request for an extension when they sought for a new visa this year.  They couldn't give a receipt from almost five years ago since most individuals don't save them.

At that point, everything started to go south.  The officer told them that they were prohibited by U.S. immigration statute Section 212(a)(9) (B)(ii).  According to this regulation, anybody who willingly departs after overstaying their visa for more than a year faces a ten-year ban from returning.  Pandemics are not an exception, and there are no second chances.  

What can be done now, then?  Applying for a waiver is the only method to get the ban lifted.  Demonstrating that a family member who is a U.S. citizen or permanent resident will experience severe hardship in the event that the visa is refused is a difficult task.  Making the argument is not simple, but it is also not impossible.
 
 
 
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G GOWTHAM

02/03/2025 10:59 AM