URGENT HElP

[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....

[canadian_wife 1,827]

So have you been banned from the US? Were you given any paperwork or anything written in your passport?

good luck

[javierzx88 0]

Not in my passport,but when I went to get my tourist visa before i got married, the consul gave me a paper saying that Ive stayed illegaly and that I couldnt go in USA till 2017, he didnt notice that i was under 18 and that I only stayed illegal la 6 months being 18... shoul I say that at the interview? or they should know it? im kind of lost... thank you

[canadian_wife 1,827]

Ok, but you weren't under 18, you said you left 6 or 7 months after you turned 18. That is when you started accuring illegal presence

You need to tell the truth, they already know.

What I am confused about is why it was a 10 ban. Did anything else happen? Did you try and cover up the overstay?

good luck

[javierzx88 0]

I havent lied at all, I ve always told the truth and always will, i think the consul ignored the law, because my illegal presence was only 6 or 7 months, and the penalty for that is only 3 years, I am 5 years in my country already

[javierzx88 0]

No I didn t try to cover it, im not sure whats gonna happen at my interview, I hope they realize that I dont deserve that penalaty, or maybe they dont even mention that, what do you think?

thank you

[oohpartiv 484]

Well I can tell you (as I'm sure you already know) the Guayaquil consulate is incredibly complicated and difficult to get through. They make everything ten times harder than it should, typically give no explanations, and pretty much do whatever they want. In order to get through a normal interview there, you really have to be on top of your game and have all your documents in order, so with this big problem you have I just don't know how you're going to get around it. Hopefully somebody will be able to give you some better advice, because from what I understand you might just be told to wait until 2017.

Lots of luck to you! Hope you can find a way around this.

[javierzx88 0]

Thank you very much.

I was told that, BUT, that was a mistake since my real penalty is just 3 years.. Im very nervous

[aaron2020 11,651]

Does it matter that its a 3 or 5 years ban when you need an I-601 waiver in either case?

Focus on the waiver. That's what you need.

How does changing a 5 years ban to a 3 years ban going to help you?

Edited February 3, 2013 by aaron2020

[javierzx88 0]

Actually i dont a need a waiver since Im 5 years in my country... that would be more than a 3 years penalty.

My question is, should I tell them that? o what should I do at my interview?

thanks

Edited February 3, 2013 by javierzx88

[dailypattern 0]

Does it matter that its a 3 or 5 years ban when you need an I-601 waiver in either case?

Focus on the waiver. That's what you need.

How does changing a 5 years ban to a 3 years ban going to help you?

If I understand him correctly, he is saying that he has already been back in his country for 5 years, so if he was only issued the 3 or 5 year ban, the time has passed and he would be ok. But if they keep the 10 year ban, he still has 5 more years to go.

[speedwell 224]

I know everyone hasn't the money for a lawyer, but this is a case that, if it were me, I'd definitely find one.

[Darnell 8,479]

i think your situation is 'on the edge' , really.

6 months past 18th birthday, if you left the USA, that's 'usually' ok.

7 month? eeek...

I suggest you write up a letter of attestation about this and include it with the DS-230.

This way, an IO will have an opportunity to actually read something prior to interview day.

In the end, if you need to file a waiver, you'll have to do it after interview day, not before.

Good Luck !

[canadian_wife 1,827]

Laurel Scott offers free immigration chats on Wednesdays, you might want to look into speaking with her

good luck

[javierzx88 0]

Thank you guys for all your comments they may help me hehe