Help!

[RichiJenny 14]

As Wayne says, yes it could be an issue at the consulate. Whether it will be classed as misrepresentation or not Im not certain. but looking at it from a USCIS/CBP point of view - you were entering as a visitor yet you were entering for education/other purposes. Thats where the problems MAY arise. The overstays shouldnt find you with any real problems, but be fully prepared with the explanations at the consulate.

If I were you, I would request a FOIA from CBP. if they have you down as a visitor upon your various entries, and you actually entered the US to study in some way, you'll need a pretty good reason why you didnt come forth with the exact reasoning. And then it may require you to file the i601.

[Shawna and James 4]

As Wayne says, yes it could be an issue at the consulate. Whether it will be classed as misrepresentation or not Im not certain. but looking at it from a USCIS/CBP point of view - you were entering as a visitor yet you were entering for education/other purposes. Thats where the problems MAY arise. The overstays shouldnt find you with any real problems, but be fully prepared with the explanations at the consulate.

If I were you, I would request a FOIA from CBP. if they have you down as a visitor upon your various entries, and you actually entered the US to study in some way, you'll need a pretty good reason why you didnt come forth with the exact reasoning. And then it may require you to file the i601.

hmm.. So I can submit a written request to them for and FOIA? Im reading about what to put in the request, it says be as specific as possible. So Im not sure how I would word it? Can I just ask if its possible to obtain my border crossing records for the last 10 years for immigration purposes?

[RichiJenny 14]

I would say so, yes.

[RichiJenny 14]

Everytime you entered the USA, you entered on a visitor visa?

If you, you need to try to find out the legalities of being able to attend the course that you went on and also the records that CBP have of you entering. As said previously, if you went on courses while on a visitor visa, that may pose a hurdle, along with the fact that CBP could have been under the impression that you were simply there to visit and nothing more.

[ATPEACE 43]

The problem will arise when the OP entered the second time on a visitor visa, she gave the impression that she was visiting. If she was already enrolled in school then she should have had a student visa. Which its seems has if she didn't, so in the eyes of immigration she entered giving fraudulent information.

[Shawna and James 4]

The problem will arise when the OP entered the second time on a visitor visa, she gave the impression that she was visiting. If she was already enrolled in school then she should have had a student visa. Which its seems has if she didn't, so in the eyes of immigration she entered giving fraudulent information.

yeah thats what Im a little (lot) worried about here. /sigh.

[Amy and Nick 37]

I think the best thing you can do is speak to a lawyer. Ring around a few places that specialise in immigration law. Find the cheapest rice for a one off consultation and go sit down with them for an hour

Take a list of questions with you, and get answers from someone who really knows the law.

We can all advise on here, but at the end of the day, if you have something that you know may result in a denial, it is best to ask a lawyer how best to proceed!

Edited December 19, 2010 by Amy and Nick