ds 156 online

[AR y MD 1]

ok so i'm having a hard time answering question 38(which are the ones that have several questions with it

the question states and its a yes or no answer "Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?"

in july of 2009 my fiance came to USA with his tourist visa and he went for vacation and stayed about 82 days because his car got messed and was waiting for the parts. But he had to be back in mexico my oct 2 cause of work. Border portal stopped him and saw he didnt have permission to stay longer then 3 days( in tucson u need permission to stay longer then 3 days supposedly and he didnt know this he thought if u were going to phx he need permission)so they took his visa and sent him back. The officer had told him he wasn't deported that he was voluntarily leaving.

they gave him a punishment till march of 2010 after that time he was able to apply for a visa again. but they didnt give him no paper work or nothing.

so for the question above would i answer yes or no??

[baron555 934]

ok so i'm having a hard time answering question 38(which are the ones that have several questions with it

the question states and its a yes or no answer "Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?"

in july of 2009 my fiance came to USA with his tourist visa and he went for vacation and stayed about 82 days because his car got messed and was waiting for the parts. But he had to be back in mexico my oct 2 cause of work. Border portal stopped him and saw he didnt have permission to stay longer then 3 days( in tucson u need permission to stay longer then 3 days supposedly and he didnt know this he thought if u were going to phx he need permission)so they took his visa and sent him back. The officer had told him he wasn't deported that he was voluntarily leaving.

they gave him a punishment till march of 2010 after that time he was able to apply for a visa again. but they didnt give him no paper work or nothing.

so for the question above would i answer yes or no??

Yes he was unlawfully present. It doesn't matter if he knew it was wrong or not, the fact was he was. I'd answer yes to this and include a well-crafted statement of these facts including that CBP did not officially deport him but agreed to allow him to voluntarily leave.

This matter will be in their system so you need to answer honestly. I don't see it as a big deal unless you do not answer honestly and correctly.

[AR y MD 1]

Yes he was unlawfully present. It doesn't matter if he knew it was wrong or not, the fact was he was. I'd answer yes to this and include a well-crafted statement of these facts including that CBP did not officially deport him but agreed to allow him to voluntarily leave.

This matter will be in their system so you need to answer honestly. I don't see it as a big deal unless you do not answer honestly and correctly.

ok thank you soo much!!

do u think they would deny his k1 visa due to this??

he already completed his punishment and hasnt done anything bad. he was hear in the USA with a visa just didnt follow the terms right.

[Samantha78 117]

ok thank you soo much!!

do u think they would deny his k1 visa due to this??

he already completed his punishment and hasnt done anything bad. he was hear in the USA with a visa just didnt follow the terms right.

Definitely answer yes because anything other than the truth will bite you in the end. And there is a chance he can get denied because according to the laws, he did violate the terms of his visa. he may not have done it purposely but to be honest, they may not care and there is a chance for denial. He should absolutely include a detailed statement about what happened so that he has made it clear of the misunderstanding.....but it will be a 50/50 chance. A good thing to do would be to find out what they actually have on his file in regard to this incident. That may help you have a better understanding as to what you should expect.

[AR y MD 1]

Definitely answer yes because anything other than the truth will bite you in the end. And there is a chance he can get denied because according to the laws, he did violate the terms of his visa. he may not have done it purposely but to be honest, they may not care and there is a chance for denial. He should absolutely include a detailed statement about what happened so that he has made it clear of the misunderstanding.....but it will be a 50/50 chance. A good thing to do would be to find out what they actually have on his file in regard to this incident. That may help you have a better understanding as to what you should expect.

once his punishment was over in march he went and applied for a tourist visa again and they took his finger prints and everything. They denied him that visa and he asked why if it was due to something in his record and they said no. it was due to lack of requirements and qualifying.

[Caryh 5,206]

ok thank you soo much!!

do u think they would deny his k1 visa due to this??

he already completed his punishment and hasnt done anything bad. he was hear in the USA with a visa just didnt follow the terms right.

This link might help you, it spells the rules out pretty clearly.

http://www.usimmigrationlawyers.com/resources/immigration-law/deportation/how-long-will-i-be-banned-overstaying-a-us-visa

He did not exceed the 180 day mark of over stay and was leaving on his own accord, so there was no ban. I think the "punishment till march of 2010" was a scare tactic and that is why no paperwork was generated.

[AR y MD 1]

This link might help you, it spells the rules out pretty clearly.

http://www.usimmigrationlawyers.com/resources/immigration-law/deportation/how-long-will-i-be-banned-overstaying-a-us-visa

He did not exceed the 180 day mark of over stay and was leaving on his own accord, so there was no ban. I think the "punishment till march of 2010" was a scare tactic and that is why no paperwork was generated.

i hope sooo!! cause they didnt give no record of nothing. He has no paper work at all on this subject everything was through words. They did take his fingerprints but when he applied for the tourist visa in july of 2010 ( i was prego at the time and wanted to be here for the birth ) and when thye denied him he asked if it was due to something in his record and they said no