Past accidental overstay

[mapleleafmanny 11]

Hi, so here's the scenario. Back in '08-09, I accidentally overstayed while doing an internship. I had come across for six months, then went back across the border for 10 days, and then came back across for five and a half months.

Fast-forward to summer 2010 and I'm at the border waiting to cross on a J1 visa. The topic comes up of my internship and I'm informed that the law is "can't stay more then six months in a twelve month period. Oops...didn't know that last part, only the one about no more then six months at a time. Long story short, they questioned me, fingerprinted me, and then decided to let me cross with a "stern talking to" and a threat that they almost banned me for five years. They said that a note was left in my account saying I was talked to about this issue.

Fast-forward again to now....in a K1 visa process. I'm worried that the past accidental infraction will affect my visa process. Do I need to worry? Will this cause complications or an automatic refusal? Has anyone had something similar to this happen?? Thank you so much and I look forward to hearing your comments.

[canadian_wife 1,808]

You do not need to worry. They let you in.

I was denied entry to the US twice and it wasn't an issue

good luck

[Ms Hogan 295]

Just be VERY honest and don't hide anything. No reason to hide it but if you lie to them then you'll have a problem.

[VanessaTony 3,567]

You didn't overstay.

Overstay is when you overstay the length of your I-94. If you were re-admitted then you were most likely given another I-94 (or stamp... depending on how you entered).

Also, they prefer that you spend less time outside the US but it doesn't mean you overstayed. If it was a problem they simply would have turned you around.

So to close, you didn't overstay. You have nothing to worry about.

[mapleleafmanny 11]

Thanks for your replies. I for sure wasn't planning on hiding since that's a no-no on any account.

[Krikit 1,163]

Vanessa is correct that you didn't overstay. It wouldn't be the first time that a CBP Officer didn't know their own rules. Here is the link; last paragraph:

https://help.cbp.gov..._id/619/kw/canadian/sno/1

Overstay is when you overstay the length of your I-94. If you were re-admitted then you were most likely given another I-94 (or stamp... depending on how you entered).

Canadians don't get an I-94 or a stamp. Very very rare if they do.

Edited January 16, 2013 by Krikit

[Krikit 1,163]

Also, if you were here on an internship then I am assuming you were on some sort of visa. So still no overstay.

[mapleleafmanny 11]

No, I wasn't on an internship visa. That's one thing they talked to me about. I hadn't realized I needed it.

I'm working on filing out my DS-156 right now and to be truthful, I answer Question 38 “Have you ever violated the terms of a U.S. visa, or been unlawfully present, or deported from the United States?” with a YES. From what I'm reading online, I should be ok if I write an explanation letter detailed the situation that happened and that I was already talked to about it?

And actually, when I recrossed during the internship, I had a letter saying I'd been in the States already for X amount of time and was returning...the border guy at the airport read it and didn't question or stop me.

[Penny Lane 8,159]

What did you do an internship for? Did you work in the US and earn money with no visa?

[Gary and Alla 3,694]

Hi, so here's the scenario. Back in '08-09, I accidentally overstayed while doing an internship. I had come across for six months, then went back across the border for 10 days, and then came back across for five and a half months.

Fast-forward to summer 2010 and I'm at the border waiting to cross on a J1 visa. The topic comes up of my internship and I'm informed that the law is "can't stay more then six months in a twelve month period. Oops...didn't know that last part, only the one about no more then six months at a time. Long story short, they questioned me, fingerprinted me, and then decided to let me cross with a "stern talking to" and a threat that they almost banned me for five years. They said that a note was left in my account saying I was talked to about this issue.

Fast-forward again to now....in a K1 visa process. I'm worried that the past accidental infraction will affect my visa process. Do I need to worry? Will this cause complications or an automatic refusal? Has anyone had something similar to this happen?? Thank you so much and I look forward to hearing your comments.

Your overstay was less than 6 months so there is no ban. They didn't "almost give you" anything, because they cannot for overstays less than 6 months. What they DID give you was a "rash and a sh*t" for your overstay and that's about it.

You should not have any problem. If ever asked, just explain what you did. Nothing there that will cause a visa denial.

Incidentally the denial, if any, would come at the visa interview, NOT a denied petition.

[mapleleafmanny 11]

What did you do an internship for? Did you work in the US and earn money with no visa?

It was a one year training at a camp. I paid a fee for the internship, and didn't earn a penny.

At least if it's a denial that could come at the interview, I can explain it I'll put an explanation letter in Packet 3 anyways just to be safe.

[Penny Lane 8,159]

It was a one year training at a camp. I paid a fee for the internship, and didn't earn a penny.

At least if it's a denial that could come at the interview, I can explain it I'll put an explanation letter in Packet 3 anyways just to be safe.

I was just curious, you sound like you'll be fine.

[mapleleafmanny 11]

I was just curious, you sound like you'll be fine.

Thanks from what I'm hearing, it should be fine. I just want my bases covered lol