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Filed: Other Country: United Kingdom
Timeline
Posted (edited)

OK then, back in March 2003 I left the US voluntarily after overstaying since June 2001, I wasn't deported.

In April of 2003 I visited the Embassy in London to apply for a visitors visa but this was of course refused and I was told that I would be banned from the US for 10 years.

I have always been under the impression that this ban had started from that day in the embassy but after a little look at their website I saw mentions that bans actually start from the date you leave the US.

I was wondering if anyone here had any practical experience in this?

I have been invited to visit friends in the US next year and I'd also really like to be able to visit my children who are US citizens living with their USC mother (we are no longer together)

I've served my ban and definitely learned my lesson. I have no intentions or desire to stay in the US any longer as I am in a new relationship now here in the UK.

What I'd like to know is can I get the ball rolling on a visa application in March or do I need to wait until next April?

Thanks for any help

Edited by MacUK

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Filed: F-1 Visa Country: Albania
Timeline
Posted

OK then, back in March 2003 I left the US voluntarily after overstaying since June 2001, I wasn't deported.

In April of 2003 I visited the Embassy in London to apply for a visitors visa but this was of course refused and I was told that I would be banned from the US for 10 years.

I have always been under the impression that this ban had started from that day in the embassy but after a little look at their website I saw mentions that bans actually start from the date you leave the US.

I was wondering if anyone here had any practical experience in this?

I have been invited to visit friends in the US next year and I'd also really like to be able to visit my children who are US citizens living with their USC mother (we are no longer together)

I've served my ban and definitely learned my lesson. I have no intentions or desire to stay in the US any longer as I am in a new relationship now here in the UK.

What I'd like to know is can I get the ball rolling on a visa application in March or do I need to wait until next April?

Thanks for any help

I am sorry to hear about that!

One of our workers was going through the same thing. He worked for our office in europe after being banned from th US for 10 years....because of failing to meet visa standarts. Yes, it is true that the 10 years ban starts from the moment you leave the US. Actually, our company provided him with a letter stating that there was a job position waiting for him. His "wife" also sent a letter to the US embassy stating that their 4 kids need their father.

He was granted a new visa after 1 1/2 years of reapplying.

*** letter from a company that can sponsor you, would help a lot.

Filed: Citizen (apr) Country: Poland
Timeline
Posted

First you need to wait 10 years from the time you left US. Second - you need to present very strong ties to your home country - in your situation - history of overstay and USC family it is unlikely you will ever get tourist visa - unfortunately.

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

The ban would be in effect from the day you left the country, for you the 10 yr clock started when you left the country.

Invitation from a friend does not hold much weight… could be one reason but that is not a compelling reason why consulate should issue you visa.

On the other hand for you having kids in US might work in your favor and CO can issue you visa on that bases. You might be required to show that you been in touch with your kids and how you have had active role in their lives.

Filed: Timeline
Posted (edited)

The ban was triggered the second your plane left the ground. So if you left in March 2003, your ban will be up in March 2013, and you are then eligible to apply for a visa.

Be advised that being eligible and actually being granted a visa are two very different things. A history of long overstay can still be used against you even though you're eligible to apply.

I would gather up any and all evidence you can that will prove your intent to return to the UK. Examples of this can be anything from an employer letter, school letter, property ownership (car, house etc.), adoption papers for a dog, you name it. Anything that will show that you have a life in the UK now that you don't intend on abandoning.

In addition, remember that an approved visa is no guarantee of entry into the US. It just allows you to board a plane for the US and "knock on the door." So any evidence you bring to the visa interview, I would also bring in my carry-on, in case the CBP at the airport starts asking you the same questions.

Edited by jaejayC
 
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