denial for overstay

[Paloma&Adam 1]

I think it's the day stamped on your card. If it was stamped the 8th, and you left on the 8th you'll be fine.

I notice you married in Florida, so did I Where abouts in Florida did you marry?

[wellingtonboot 1]

Do me favour people... go ask Richi if he is okay... I'm concerned about him... he needs your support right now... yes... it is Richi... I didn't want to tell you who it was but I worry for him... he needs help right now... help about the situation... can people rally together and find out how best for Richi to go forward now please...I know the man is switched on but maybe we can find more help for him... the man is beside himself.

Edited November 30, 2010 by wellingtonboot

[Val and Gary 29]

I notice you married in Florida, so did I Where abouts in Florida did you marry?

We married near the Villages just north of Orlando in central Florida. I think there's a few Floridian July filers!

[USAUKHUNNY 0]

Richie, if you are reading this, take it from someone that worked in the court system with the federal government....go talk to an immigration attorney now. Be totally honest with him or her and show everything you have. This is NOT the time to do it on your own anymore.

[wellingtonboot 1]

It has to be 180 days plus to get a ban.

are you serious? this I did not know

[Boiler 45,153]

I thought it rang a bell.

He knew about the ban and the need for a waiver a long time ago, I know I partook in a thread with him about it at least a month ago in connection with expediting the waiver.

So he would have gone in expecting the denial with the I 601 to file. Which presumably he did. Just part of his process.

Is there something else?

are you serious? this I did not know

For a 3 year Ban, overstay a year and it is a 10 year ban.

[Val and Gary 29]

I thought it rang a bell.

He knew about the ban and the need for a waiver a long time ago, I know I partook in a thread with him about it at least a month ago in connection with expediting the waiver.

So he would have gone in expecting the denial with the I 601 to file. Which presumably he did. Just part of his process.

Is there something else?

He stated last week the very same thing. He was fully prepared with the I601. It's possible this may happen to me also, so we have to be prepared.

I hope Richi is OK, and Richi, if you're reading this, I think I know how you feel. Pick yourself up - I am SURE you submitted the I601, and all will be OK in the end. Don't give up, follow it through, and if there IS something else, hire a lawyer and be honest with him.

Peace & love - take care.

Val & Gary

[wellingtonboot 1]

I thought it rang a bell.

He knew about the ban and the need for a waiver a long time ago, I know I partook in a thread with him about it at least a month ago in connection with expediting the waiver.

So he would have gone in expecting the denial with the I 601 to file. Which presumably he did. Just part of his process.

Is there something else?

For a 3 year Ban, overstay a year and it is a 10 year ban.

Not to my Knowledge, I wasn't aware he over stayed so long. I feel for the man... I thought the guy would have got his visa to be honest... lost for words Edited November 30, 2010 by wellingtonboot

[Val and Gary 29]

Not to my Knowledge, I wasn't aware he over stayed so long. I feel for the man... I thought the guy would have got his visa to be honest... lost for words

Someone on here got approved and he had overstayed by four years. No real justice it seems.

Richi will be OK, he needs to pick himself up, dust himself down, and follow through. Hard I know, but all will turn out good in the end.

As I say, I may well have to go the same route. He's not alone.

[wellingtonboot 1]

Richi was denied val and gary

[Paloma&Adam 1]

I sent him a message early this afternoon, that was before I knew about his denial. I can't imagine how he must be feeling. My wife and I are expediting our case too as my wife's health isn't great right now either. To be separated from your loved one while they need you by their side is really painful. I can empathise with him. But things do have a way of working out, and I'm sure he'll be reunited with his wife in due course, sooner rather than later.

Am I right in thinking his overstay was about 6 months?

[LotofPatience 65]

Anybody know how successful will be the appeal process in this case?

1) Less than 180 days overstay

2) More than 180 days

3) More than 1 year

Loto

[mari0711 4]

I still cannot believe it, I am so sorry, I thought the waiver could help here.

, and I hope he gets a very good lawyer so he can go to be with his wife in no time.

[Used to be broken 147]

mehh..

I've never been entirely sure on this.... are you supposed to leave no later than the date stamped on the visa waiver card, or is it the day before that you need to leave? My last visit, the date stamped to leave was September 8th. I left September 7th .... not sure if I stayed 89 days or 90 days... because if you count the day I arrived (June 10th) up till September 7th... it's 90 days in total... confusing

There is nothing to worry about in that situation, the overstay bar only comes into play when you overstay the VISA or VWP in excess of 180 days which invokes the 3 year bar, or over a year which invokes the 10 year bar. This is what causes the necessity for the I601.

For those who need it, its not just "having the I601 handy", its not just a form and an essay its a major legal issue, involving meeting a hardship standard that is quite difficult, proving you cannot live in the aliens country nor live without him/her in the US. Arguments must be supported by evidence.

Anyone who is in need of an I601 for an overstay bar should be consulting with an attorney.

[Used to be broken 147]

Anybody know how successful will be the appeal process in this case?

1) Less than 180 days overstay

2) More than 180 days

3) More than 1 year

Loto

I know the appeal process is TOO LONG for the 3 year bar. It could take up to 24 months, the best course of action is not to appeal the only way to win it is if USCIS made a legal error. The better alternative is to rework the I601 packet, beef up the evidence and resubmit. Most overseas consulates are processing I601 applications in less than 6 months.