<180 day overstay, denial of entry explanations at interview

[twowls 217]

Hi there.

We're getting our thoughts in order for the interview, and there are two issues that we want feedback on from any of you experts.

When we met, R overstayed his visa waiver time by a few months, less than 180 days. How do we explain this in a way that is least damaging? There were money problems, but the bottom line is that we were irresponsible and decided to wait until I finished school and leave the country together. It sort of feels like offering excuses is lame. Ideas? Anyone had a similar situation?

Second, we tried to have him visit several months later, even though we were worried about the overstay. He was approved for ESTA and so we decided to give it a shot. To say we were simply confused sounds somewhat disingenuous to me.

What's the best way to go about this? I'm concerned most about the denial of entry, as it could be interpreted as an attempt at misrepresentation. At the denial at POE, R did not lie about anything. He was told he could go home and apply for a proper visa. So that's what we did.

Thanks for any input. We want a clear, honest way of approaching this, but one that will be acceptable and reasonable to the CO. Thoughts?

[VanessaTony 3,567]

your subject line says MORE THAN 180 days yet your post says less than. Which is it?

Could you give a proper timeline of events?

[twowls 217]

your subject line says MORE THAN 180 days yet your post says less than. Which is it?

Could you give a proper timeline of events?

Damn really? I thought I had it right, too. <b>Less than</b>.  Sorry about that.<div><br></div><div>October 2008 initial entry, Jan. 2009 visa waiver expires, finally left May.  Attempt to re-enter October.</div>

Edited April 15, 2010 by twowls

[twowls 217]

I have no idea why my post is so crazy, couldn't edit either. Sorry! Hope you can read.

[pushbrk 12,883]

Hi there.

We're getting our thoughts in order for the interview, and there are two issues that we want feedback on from any of you experts.

When we met, R overstayed his visa waiver time by a few months, less than 180 days. How do we explain this in a way that is least damaging? There were money problems, but the bottom line is that we were irresponsible and decided to wait until I finished school and leave the country together. It sort of feels like offering excuses is lame. Ideas? Anyone had a similar situation?

Second, we tried to have him visit several months later, even though we were worried about the overstay. He was approved for ESTA and so we decided to give it a shot. To say we were simply confused sounds somewhat disingenuous to me.

What's the best way to go about this? I'm concerned most about the denial of entry, as it could be interpreted as an attempt at misrepresentation. At the denial at POE, R did not lie about anything. He was told he could go home and apply for a proper visa. So that's what we did.

Thanks for any input. We want a clear, honest way of approaching this, but one that will be acceptable and reasonable to the CO. Thoughts?

The best way is to tell the truth. So, what is the question, really?

[Old Dominion 26]

Precisely. Tell the facts and don't make up any stories.

[Kathryn41 3,205]

I've edited your topic title to correctly reflect what you wanted to state. Good luck at the interview - tell the truth the way you have here - it sounds realistic and recognizes that maybe those decisions weren't the greatest in hindsight.

[twowls 217]

I've edited your topic title to correctly reflect what you wanted to state. Good luck at the interview - tell the truth the way you have here - it sounds realistic and recognizes that maybe those decisions weren't the greatest in hindsight.

Thank you Kathryn. I guess I was worried that there were certain mysterious things that, if mentioned, would register as utter deal breakers at interview and thought somehow someone would magically know what those might be.

This is the worrying mind; I know obviously that honesty is the best policy. So there was not a clear cut question here, pushbrk, but a request for thoughts and input as we advance into the unknown with a great deal at stake. "Tell the truth" is not a catch-all solution because there are about ten thousand ways to describe any situation and nobody who ever spoke of anything was a perfectly objective robot when he or she did so.

One truth is that we shirked the rules because we don't care about the government very much until we need it. But we're not going to say that, you know? We're attempting to find a clear, forthright, but non-contemptible way to describe a situation we're not terribly proud of. It may be futile to expect others to provide us with a perfect way to handle it, but the urge to bounce the issue off the knowledgeable masses is there.

Thanks all for your input and patience.

--Kathryn

[Nik+Heather 121]

As I think we've all already concluded, honesty is the best policy for what you should do about the situation.

As far as comments and what you should expect - expect some questions, but, although I am not a lawyer, I do not believe there will be any legal ramifications for the situation you have outlined - no reason to deny your visa or give you any significant trouble over this aside from a few extra questions.

Firstly, overstays of less than 180 days do not trigger a ban on entry, so there is no ban to overcome. Secondly, simply being refused entry into the US doesn't always mean that a ban exists or that there will be any issues with the visa being issued. Many times when a person is denied entry, in legal terms they "withdraw" their request for entrance. Other buzz words might be 'without prejudice' meaning he simply wasn't eligible for entry, but there was no misrepresentation involved. he was likely denied entry for having already been in the US for 5 months that year, and overstaying the last time. It's discretionary by the CBP officer you get that day. Hopefully some of this was explained when R was turned away, or there was some paperwork?

The other thing that you might expect is some delay in your processing while the embassy completes any investigation, but if there was no misrepresentation, and no ban, the visa will come eventually. Good luck!

[pushbrk 12,883]

Thank you Kathryn. I guess I was worried that there were certain mysterious things that, if mentioned, would register as utter deal breakers at interview and thought somehow someone would magically know what those might be.

This is the worrying mind; I know obviously that honesty is the best policy. So there was not a clear cut question here, pushbrk, but a request for thoughts and input as we advance into the unknown with a great deal at stake. "Tell the truth" is not a catch-all solution because there are about ten thousand ways to describe any situation and nobody who ever spoke of anything was a perfectly objective robot when he or she did so.

One truth is that we shirked the rules because we don't care about the government very much until we need it. But we're not going to say that, you know? We're attempting to find a clear, forthright, but non-contemptible way to describe a situation we're not terribly proud of. It may be futile to expect others to provide us with a perfect way to handle it, but the urge to bounce the issue off the knowledgeable masses is there.

Thanks all for your input and patience.

--Kathryn

No offense intended, I assure you. We all make stupid mistakes. If I were you, I would state the facts and own up to ignorance and stupidity of the actions, using words that don't sound like excuses. For what it's worth, you answered my question quite well.

[canadian_wife 1,822]

I was denied entry twice to the US. Here's what happened at our interview (since you disclose it on the forms by the time you get to the interview so they already know)

CO: I see you were denied entry...twice. Tell me about it

Me: I didn't qualify for the classification of visa I was applying for so they denied me entry

CO: I see, you wanted to go and see him didn't you? (points to husband)

Me: Actually yes

CO: No harm in that.

If they ask why R overstayed his visa, answer honestly. did he do it to spend more time with you but not recognize the consquences? Did he do it because he was simply irresponsible and didn't respect immigration law? Going into a long, drawn out reason is only going to irritate the CO. Answer simply and honestly without making excuses.

Good luck

[twowls 217]

I was denied entry twice to the US. Here's what happened at our interview (since you disclose it on the forms by the time you get to the interview so they already know)

CO: I see you were denied entry...twice. Tell me about it

Me: I didn't qualify for the classification of visa I was applying for so they denied me entry

CO: I see, you wanted to go and see him didn't you? (points to husband)

Me: Actually yes

CO: No harm in that.

If they ask why R overstayed his visa, answer honestly. did he do it to spend more time with you but not recognize the consquences? Did he do it because he was simply irresponsible and didn't respect immigration law? Going into a long, drawn out reason is only going to irritate the CO. Answer simply and honestly without making excuses.

Good luck

Thanks muchly.

[twowls 217]

Thanks muchly.

K here--Thanks pushbrk, Nik+Heather, and canadian wife! It worked: I think we both feel much better and clearer about this. Much appreciated.