People often ask me if they are subject to the 3-year bar, can they wait outside the United States. The answer is yes. You can wait outside the United States for three years. Then they want to know can they apply for a tourist visa when they come back? The answer is yes.
You can definitely apply for a tourist visa after you have waited the 3-year bar, but, it’s going to be up to the consulate officer to agree to give you a visitor’s visa. If they’ve seen that you’ve overstayed your visa in the past, it’s very unlikely they’re going to give you a tourist visa to come back. They are going to be concerned that you’re not going to comply with the tourist visa. Yes, after the 3-years, you’re certainly eligible to apply for a tourist visa and if you do it’s really important to demonstrate to the consulate office that you have every intention of going back home after you visit the United States by showing that you’ve been working, that you have family ties over sees, in order to convince the officer that you won’t violate your status again. If you have questions about whether or not you’re going to be eligible for a visa after the 3-year bar, please contact my office and we’d be happy to discuss your situation with you.
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