Q: i havea b1 visa valid until 2024 and i have over stayed for 6 years and i want to come back.
i havea b1 visa valid until 2024 and i have over stayed for 6 years and i want to come back. idont have any felony or criminal record. what are my options during immigration check at nyc airport. i will be travelling soon from india to usa.
A:
Dear Overstay,
I will assume your B-1 non-immigrant visa was issued around 2014. You then came to the US and overstayed your authorized stay of presumably 6 months for more than a year. This alone bars you from seeking admission into the U.S. for 10 years, at which point you will allow to apply for a new B1/B2 visa but have in mind that the US Embassy may request a waiver of grounds of inadmissibility if you qualified for one. If you entered the United States on a non-immigrant visa, such as a tourist visa (B1/B2), and stayed longer than the admission period granted by CBP at your time of arrival, your visa is no longer valid pursuant to Section 222(g) of the Immigration and Nationality Act (INA).
Section 222(g) of the INA states provides for automatic nullification of a visa when a person stays beyond the period of admission.
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