Overstaying

[Arther & Joi 0]

Hello VJ Fam

My fiance overstayed less than a year back in 2002.He left voluntarily and has not tried to re-enter the states. Is it safe to say he had a 3yr ban, which has been satisfied seeing how its 2010? He says he never received any kind of notification saying he was banned.

[Penguin_ie 5,993]

Pretty safe, unless there were any other issues (missrepresentation, criminal activity etc).

[Arther & Joi 0]

No criminal activity,but what excatly do you mean by misrepresentation?

[Penguin_ie 5,993]

Missrepresentation is basically lying to immigration officials. An example would be if he said he was coming for two weeks, but had always planned to overstay (and they find out), or if pretended to be a USC to gain entry to the USA, or said he wanted to go sightseeing, but came for a job.

Did he get any piece of paper when he left? Is there anything written in his passport? If not, it is very unlikely that he'll have trouble- other than a few extra questions- when going for a K1.

[Arther & Joi 0]

No he didn't get anything on paper or his passport. Thanks for the help.