Worried about past overstay

[Canadiandggal 49]

I was talking about people who had been here for more than a year.

Lol I didnt mean to reference your saying in my last post.

I mean In my experience haha

[ballet4life 0]

Let's be specific. If you stayed even 1 day less than a year, you're okay. If you stayed 1 year or longer, you triggered the bar and since you would have to disclose this, would need an I-601 waiver which can be obtained from within the US.

The problem with telling the truth and background checks is that, although an overstay may have escaped their attention, they will find out once they fire up their super computer.

Thank you, you are very helpful! I overstayed 164 days. That means I was in the US for less than a year!

[Brother Hesekiel 2,236]

Thank you, you are very helpful! I overstayed 164 days. That means I was in the US for less than a year!

Then you'll be fine. Congrats.

[Harpa Timsah 13,258]

Bob saved the day!

[Sergi9 110]

Thank you, you are very helpful! I overstayed 164 days. That means I was in the US for less than a year!

The magic number is 180 days, if you have to go to an in person interview, try to have something on hand, or several things that PROVE the date you left, or submit that proof if you are doing everything by mail, that way you won't have an RFE related to it.

[Cathey & Paul 0]

I was wondering if anyone can speak to the finer points of overstaying. I am a Canadian who overstayed once in the US last year but nothing came of it as I have entered the US twice since without problems. Now I am applying for a Spouse Visa from within the US and on the I-130 they just ask for my last entrance to the US. My concern is in the interview if they ask me if I have overstayed, what should I say?? And what are the consequences of telling the truth if any??

Make sure you put a time line together so that you can prove that you did not overstay.

[JimVaPhuong 4,863]

Everyone keeps saying 6 months (for Visa or Canadians) or 3 months for VWP and talks months in terms of overstays but USCIS thinks in days right?

6 month Visa is actually 180 days of authorized stay right? I know the VWP is 90 days not 3 months.

Also the standard for re-entry ban on overstay is 3 years if you overstay by 180 days or more right?

This would mean if you were in the US for more than 360 calender days then you should have been banned for 3 years. For example July 1st 2009 to June 25th 2010 would be just shy of incurring the 3 year ban.

Curiously enough, INA 212(a)(9)(B) specifically says 180 days for the 3 year ban, and one year for the 10 year ban.

8 CFR 214.2(b) says a B1 or B2 visitor can be admitted for not more than one year, and that if a valid passport is submitted they will be admitted for a minimum of six months unless the district director determines otherwise.

INA 217 says that a VWP entrant can be granted admission for a period not exceeding 90 days.

Presumably, periods of time like "six months" and "one year" are defined somewhere in federal law, but I'll be darned if I know where it is.

[juliava 80]

Most probably your short overstay will not be brought up at your AOS interview as it's irrelevant in adjudicating your case. Don't worry about it. I had a much longer one, a 3 years and a half overstay and there weren't any pinches and torches at my interview about that. Good luck!