Questions about interview

[javierzx88 0]

Good evening everyone, I hope I can count on your support. My case is the following:

 

I Enter to the USA with a tourist visa when I was 17, then I returned to Ecuador when I was 18 and 6 or 7 months old. I accumulated illegal days because my visa had expired, but I understand that the only days that takes into account are the days that I stayed illegal after I turned 18 years old. So in reality my illegal presence was actually only 6 or 7 months. Last year I married an American citizen, our I 130 was approved and now documents are pending at the NVC for a subsequent interview. Before I married her, I applied for another tourist visa, and when I went for the interview at the American consulate in my country , it was denied because of the days that I overstayed, but the consul ignored the law and he prohibited my entrance into the USA until 2017.

My question is, what could happen in the interview, would the counsel consider that some of the days that I overstayed was as a minor and my only punishment corresponds to three years (over 180 days)? Do I have to mention this on the interview? What are the possibilities?

Please help me! I would really appreciated....

[Hypnos 6,578]

If you had between 180 and 365 days of overstay then you incurred a three year bar that began the day you departed the US.

If that bar has since expired then they will likely bring it up, but you should need no further action. If you are still serving that three year bar then you will need to file an I-601 waiver to try to overcome that inadmissibility.

Edited February 3, 2013 by Hypnos

[javierzx88 0]

If you had between 180 and 365 days of overstay then you incurred a three year bar that began the day you departed the US.

If that bar has since expired then they will likely bring it up, but you should need no further action. If you are still serving that three year bar then you will need to file an I-601 waiver to try to overcome that inadmissibility.

Thsnk you a lot for your response. Your comments really helped us. I already have 5 years in my country, so that means I already paid my penalty of three years. But my question is, at the time of my interview, are they going to consider that, or do I have to tell the consul? In your experience, what do you think that are the possibilities that everything comes out good? Thank you again.

[Hypnos 6,578]

It's unlikely to be a hinderance.

They may ask about it, and if asked you must answer honestly, but since you have served the ban it's unlikely to present a problem.

[javierzx88 0]

It's unlikely to be a hinderance.

They may ask about it, and if asked you must answer honestly, but since you have served the ban it's unlikely to present a problem

Greattt... thank you very much for your help! I hope everything comes out good...

[LORIEandPHIL 123]

If you were told 2017. then it seems like you got a 10 year ban. It looks like a waiver or a long wait.

[Hypnos 6,578]

If he was given a 10 year ban and had less than 365 days of overstay (and, more importantly, can prove it) then this is an error.

Bars cannot just be given out willy-nilly for however long the authorities feel like on the day. There bars are prescribed in law and must be respected.

[ndu26 114]

OP so if you were given a 10year ban on the whims of the consular officer when you have received 3 hyears, you should be ready to fight that. be knowledgaable about the law that states that. dont be cocky at the interview if and when it is brought up. Explain that yes you are aware you overstayed at the time . circumstances where beyond you but go further and state that you have since since paid your dues according to the laws of the U.S. and that 10years appears to be a miscalculation by the previous CO( in a very humble manner)