Repost: Advice needed

[Fischkoepfin 1]

I posted this yesterday, but it got deleted in the second crash. Here we go again:

I'm about to send my DS-230 but I hesitate because I'm not sure what to do. In 1992, I was stupid enough to overstay on a B2-visa. I did have good reasons at the time to do so. I lived with my aunt and her family and I did not work. I overstayed for approximately 5 months at the time and I left voluntarily. I regret having done so, but I was not aware there could be consequences later in my life. It was a stupid teenage thing to do.

Since then, I have visited the US several times, always on a B2. I have also lived in several location and went to school; I have applied for several student visas and never had any problems receiving them. Finally, last year I applied for a J1-waiver and obtained it. I have never overstayed my visa again, and I've been careful to obey SEVIS-regulations. All this leads me to believe that either USCIS and DOS are not aware of my overstay or they don't care, which would surprise me. Also, I was never asked on any forms I filled out to obtain visas etc if I had ever overstayed, so I have not lied about it either.

Now, my question is should I or should I not mention it on DS-230, part 1, where it asks to specify any stays and their lenghts in the US. I'm very torn because I don't like to lie about anything. Given the fact that the overstay was a long time ago and that even under current law (post 1996) it would not necessarily trigger a ban, I'm thinking of mentioning it on the form. However, I cannot afford to spend any more time in Germany than absolutely necessary. I do have professional obligations in the US that I need to attend to asap. I already looked at DS 230, part 2, and if I omit the overstay in part 1, it would not interfere with any info in part 2, where it specifically asked if you ever overstayed in the last 10/3 years. But I hate to be dishonest.

Any constructive advice is welcome. I just don't want to mess this up.

[Welshcookie 17]

Won't they find out anyway? when your application gets processed? I am sure someone will be able to tell you on here whether it will come up....

[gimygirl 0]

i will not, nor should should anyone else here (according to the TOS) advocate anything less than honesty.

if you choose not to go the honest route ... be prepared to deal with the consequences should they occur, no matter how improbable that seems at the moment.

[Anja_and_Henry 0]

Hi,

I'm not 100% sure but almost - I did hear something about aged out overstays and your overstay happened in 1992. I'm pretty sure nothing will happen to you anymore anyway. And other visas were issued to you after that....

Difficult decision to put in in or not, can't give you any advice on that... I guess I would not... But on the other hand...

Anja

[Fischkoepfin 1]

i will not, nor should should anyone else here (according to the TOS) advocate anything less than honesty.

if you choose not to go the honest route ... be prepared to deal with the consequences should they occur, no matter how improbable that seems at the moment.

I'm not asking anyone to tell me to be dishonest, but I'm interested in finding out what people in general think about this issue and how they would respond in a similar situatioon. I have mulled this over for a while, and as I said I'm extremely torn on it. Right now and for the last six months, I have tended towards honesty. But the closer the sending off of forms gets, the more I'm doubting if this would be the smartest decision.

I'm not too sure as what the consequences would be either way, so if anyone has any details please let me know as welll.

[babybunny 2]

be honest! Immigration has a better memory than you do!

[Fischkoepfin 1]

Hi,

I'm not 100% sure but almost - I did hear something about aged out overstays and your overstay happened in 1992. I'm pretty sure nothing will happen to you anymore anyway. And other visas were issued to you after that....

Difficult decision to put in in or not, can't give you any advice on that... I guess I would not... But on the other hand...

Anja

Where did you hear about the age-out? I heard there was some sort of amnesty at one point too. But I also heard that if you have received other visas there is not guarantee that they're not aware of overstays anyway.

This is a complicated and sensitive issue, and unlike with other things immigration there doesn't seem to be too much info on the net.

[babybunny 2]

Hi,

I'm not 100% sure but almost - I did hear something about aged out overstays and your overstay happened in 1992. I'm pretty sure nothing will happen to you anymore anyway. And other visas were issued to you after that....

Difficult decision to put in in or not, can't give you any advice on that... I guess I would not... But on the other hand...

Anja

your issue what to do ...what to do.... how hard is it to be honest? its not JUST you involved. you have THE LOVE OF YOUR LIFE! in this mix too . so why drag her down over DISHONESTY. be honest take it as it comes. dishonesty will lead you to bigger problems -right. maybe your problem is not big deal as it may seem because of when this happend and that.

[cmltdg 0]

Actually, I think you should tell them about your overstay. The only way it could really hurt you is if you're not up front about it. As it was well over ten years ago, any ban that was triggered once you left the US, even a ten-year ban, has been spent. I believe that's the way it works, but you should definitely check with an attorney familiar with immigration law to be sure.

[MaryandMian 1]

I agree to be honest and since it was so long ago it should not be a problem.

[Peggy 1]

I agree with everyone , just put it down and be honest

[TracyTN 237]

They may not care since it was in 1992 but they likely WILL care if they already know about it and you don't own up to it. I wouldn't want to take that chance.

[apeach601 0]

be honest! Immigration has a better memory than you do!

I agree it happen over 10 years ago. they can find out.

[lostinlove228 0]

If you lie and they find out, you can be banned for life. For an overstay of 5 months there a ban for 3 years starting in 1997. this happened before that time and you have been out for more then 3 years.

[Fischkoepfin 1]

Thanks to everyone for your kind responses. I've decided to be honest about it because it's the right thing to do. Thanks for supporting me in this decision.