I overstayed my vwp for almost 2 years and I got removed from the United states and I got an email from the department of homeland security that I can not enter or attempt to enter the us for the next 10 years. During those 2 years in the US I found a 2 jobs that are special skills and my employers are struggling to find decent employees so they both want to sponsor me to get back in the United states in the right way. My question is do I have any chances to get approved since I violate my visa waiver? And if I do what can I do to increase them . Thanks in advance.

1 Answer 1


Because you accrued more than 1 year of "unlawful presence" after your I-94 expired and before you left, you triggered a 10-year INA 212(a)(9)(B)(i)(II) ban. Being removed from inside the US for the first time also triggered a 10-year INA 212(a)(9)(A)(ii)(I) ban. (Hopefully you did not claim to be a US citizen when you worked in the US, because that would trigger a lifetime ban with no waiver.)

You did not say how long ago you were in the US. If you left the US more than 10 years ago, both bans would be over and you would not need to file any waivers or anything else to get a US visa. But not having a ban doesn't mean you will get a nonimmigrant visa like a work visa; your past history could still affect their decision on whether to grant you a nonimmigrant visa (although I am not sure how much effect it has on work visas).

However, if you left the US less than 10 years ago, you would need to overcome both bans before you can enter the US. If you apply for a visa, you will be denied due to the bans. If it's a nonimmigrant visa like a work visa, after the denial the visa officer will let you know about the process to apply for a nonimmigrant waiver.

  • That happened 2 months ago.
    – Vasilis
    Jan 9, 2019 at 19:21
  • I've never applied for i-94 I came with visa waiver program which you apply online and you get to stay 90 days in the usa
    – Vasilis
    Jan 9, 2019 at 19:26
  • 1
    I-94s have been electronic for the last several years. VWP visitors are always admitted for 90 days on their I-94 (unless the passport expires sooner), so "unlawful presence" starts accruing 90 days after entry.
    – user102008
    Jan 9, 2019 at 19:55
  • Yeah that sounds right.
    – Vasilis
    Jan 9, 2019 at 20:13
  • 2
    You will not be approved because you have a 10 year ban. Jan 9, 2019 at 20:58

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