Please Help My Daughter!

[sera77 35]

"Jim,

you are stating that USCIS knows about the daughter's overstay with certainty. With--literally--millions of people traveling between the US and other countries every year, isn't it possible, very likely, actually, that a few thousands of visitors lose their I-94 form (which is often stapled to a page of the passport). Does USCIS really match every departure with the appropriate entry form and in case there's no match, automatically issue a ban by putting their names into a computerized persona non grata database? If that's the case, wouldn't there be thousands of people banned from visiting the US again, just because they lost a piece of paper while having a good time on vacation?

Just curious . . "

Just Bob

How can you, in yet another post, imply that this couple should attempt to deceive USCIS in the matter of her overstay? It's against the TOS of this site but even more so, in my opinion, it's against the ideal of attempting to give good advice to another human being. You imply they should attempt to deceive when the result would be a permanent bar ? When she was already asked upon leaving the country for a paper that shows they clearly knew she was leaving after she should have?

And what happens when she has to sign off on 'have you ever violated the terms of a U.S. visa?

A prominent immigration attorney (Laurel Scott) has said 'always assume that if you want the government to know something it can take copies and evidence mailed repeatedly, and if you don't want them to know something they turn into super detectives.'

S.

Edited September 15, 2009 by sera77

[Kathryn41 3,205]

Reiterating what Sera77 and John and Marlene have already said so well - it is illegal to misrepresent or falsify any information whatsoever when dealing with USCIS. Suggesting that someone proceeds as if USCIS doesn't know about their overstay - and pray that they don't find out because of the volume of people USCIS deals with - is promoting lying to USCIS by withholding significant information that would have a definite bearing on the decision of the case and is also a violation of TOS for Visa Journey. Please do not continue on this line of inquiry as not only is it a violation for this site and suggesting immigration fraud, it is also very bad advice that may turn what is currently a 10 year ban into a lifetime ban. Instead of trying to find a way to 'cheat' the laws involved, look for a way to work within the system. Yes, it will be longer and more troublesome than a straightforward case, but the overstay is a reality; you can't pretend it doesn't exist and hope it goes away.

[JimVaPhuong 4,863]

Your daughters lengthy overstay will result in a 10 year ban from the US. I don't agree with the assertion that USCIS may not know about it because she didn't turn in her I-94. The fact that she was asked for her extension document when she left the US means that they DO, in fact, know about it.

Jim,

you are stating that USCIS knows about the daughter's overstay with certainty. With--literally--millions of people traveling between the US and other countries every year, isn't it possible, very likely, actually, that a few thousands of visitors lose their I-94 form (which is often stapled to a page of the passport). Does USCIS really match every departure with the appropriate entry form and in case there's no match, automatically issue a ban by putting their names into a computerized persona non grata database? If that's the case, wouldn't there be thousands of people banned from visiting the US again, just because they lost a piece of paper while having a good time on vacation?

Just curious . . .

They asked for her VWP extension when she left the US, and she didn't have it. I've seen people in similar circumstances at SFO, and the CBP always records their passport info into their computer before the passenger passes through the security checkpoint. If they didn't record her exit on the computer at that time (some airports do - some don't), then they think she is STILL in the US, and STILL overstaying her entry permit.

If they don't record your exit, then the presumption is that you did not exit. CBP even has a special procedure to help you record your exit "after the fact" so that you won't be presumed to have overstayed:

https://help.cbp.gov/cgi-bin/customs.cfg/ph...php?p_faqid=752

The date she exited can be "independently verified" (in the words of the CBP) with the airline.

The bottom line is they either know she overstayed and exited, or they think she's still here and still overstaying.

[Boiler 45,525]

Your daughters lengthy overstay will result in a 10 year ban from the US. I don't agree with the assertion that USCIS may not know about it because she didn't turn in her I-94. The fact that she was asked for her extension document when she left the US means that they DO, in fact, know about it.

Jim,

you are stating that USCIS knows about the daughter's overstay with certainty. With--literally--millions of people traveling between the US and other countries every year, isn't it possible, very likely, actually, that a few thousands of visitors lose their I-94 form (which is often stapled to a page of the passport). Does USCIS really match every departure with the appropriate entry form and in case there's no match, automatically issue a ban by putting their names into a computerized persona non grata database? If that's the case, wouldn't there be thousands of people banned from visiting the US again, just because they lost a piece of paper while having a good time on vacation?

Just curious . . .

They asked for her VWP extension when she left the US, and she didn't have it. I've seen people in similar circumstances at SFO, and the CBP always records their passport info into their computer before the passenger passes through the security checkpoint. If they didn't record her exit on the computer at that time (some airports do - some don't), then they think she is STILL in the US, and STILL overstaying her entry permit.

If they don't record your exit, then the presumption is that you did not exit. CBP even has a special procedure to help you record your exit "after the fact" so that you won't be presumed to have overstayed:

https://help.cbp.gov/cgi-bin/customs.cfg/ph...php?p_faqid=752

The date she exited can be "independently verified" (in the words of the CBP) with the airline.

The bottom line is they either know she overstayed and exited, or they think she's still here and still overstaying.

CBP do not take the I 94W, the Airline do.

[familyguy 2]

A UKC may be eligible for the lottery.

B1 visa is for business purposes.

The million dollar question is do they want to get married?

How could a UKC be eligible ? A person could be dual citizen and eligible thought one/both but I don't think UKC are

You think wrong. By being born in Northern Ireland is one way.

[spookyturtle 9,466]

Two top notch lawyers to consult with are Heather Poole at humanrightsattorney.com and Laurel Scott at http://www.scottimmigration.net/. Laurel is one of the best waiver lawyers in the country. Also, read up on the process at immigrate2us.net. It is the best source for waiver information.

[doodlebugg 10]

If the violent crime was a long time ago how come he's still on parole? How many years left of parole does he have? If it's less than 10 maybe it would be better to wait that out and then have him go to the UK.