Were you stuck in the U.S. when COVID hit? Many people found themselves in the same predicament—flights were canceled, borders were closed, and uncertainty loomed everywhere. Some ended up overstaying their visas simply because they had no other option. Now, years later, those individuals are facing unexpected repercussions.
One person recently attended a B1/B2 visa renewal interview, feeling confident that everything was in order. However, instead of receiving a visa, they were hit with a 10-year entry ban under U.S. immigration law. The reason? They overstayed their visa by more than a year, even though the pandemic made it nearly impossible to leave.
Also Read – Indians Turning on Indians Over Green Card Fraud?
This is what happened. They entered the U.S. on a B1/B2 visa and applied for an extension before their legal stay expired. Five months later, USCIS informed them they had just one month left. But before they could leave, COVID-19 changed everything. Flights were canceled, countries closed their borders, and travel became nearly impossible.
Fast forward four and a half years, and they finally left the U.S. voluntarily—no deportation, no removal order, and no criminal record. However, when they applied for a new visa this year, the U.S. Embassy requested proof of their extension request. A receipt from nearly five years ago isn’t something most people keep, so they were unable to provide it.
Also Read – H-1B Trap: Indian Couple Betrayed by Employer
That’s when things took a turn for worse. The officer informed them they were being banned under Section 212(a)(9) (B)(ii) of U.S. immigration law. This rule states that anyone who overstays their visa for more than a year and then leaves voluntarily is barred from returning for 10 years. There are no exceptions for pandemics and no second chances.
So, what can be done now? The only way to lift the ban is by applying for a waiver. This process is challenging—it requires showing that a U.S. citizen or permanent resident family member would suffer extreme hardship if the visa is denied. It’s not an easy case to make, but it’s not impossible either.
Also Read – US Travel Ban Messing Up Indian H-1B Stamping?
For those stuck in a situation like this, it’s time for a wake-up call. Overstaying on a visa, even for reasons beyond control—can have serious consequences. The best way forward is to get legal advice, gather documents, and apply for the waiver if eligible. The U.S. immigration system may not be forgiving, but there’s still a way to fight back.
