please help! my visa was taken away because of overstay! :(

[stackhouse 0]

My brother is a USA citizen. my parents own a business in Boston and they also own some real estate in the USA. OTHER THAN MY OLDEST BROTHER WHO lives in Boston, we are Israeli though.

I arrived in the summer to help my brother with his nasty divorce and also to see that the new biz is set up right for him. I ended up staying till January 11, and I was not aware I was supposed to leave the USA on the 9th (2 days overstay). when I arrived last Sunday, they cancelled my visa right away and I was sent back shamefully, while other people in the room with much worse visa problems were free to go. I was treated like a criminal JUST BC OF THOSE 2 days! it really upset me because I just bought an apartment in Boston and my parents are so well invested in the USA and my brother is a citizen-it's no way to treat me. now everyone tells me I have slim chances of getting a new visa and I should wait for applying , but I can't wait because I need to be there to take care of some stuff. should I contact the Ministry of Industry and Trade and tell them about what happened? should I tell them we would have to sell everything if they don't let me into the USA? what is the best way for me to get a new visa? I just know that they will ask me all kind of questions about why it was cancelled, why I want to enter the USA and how can I prove I am coming back to Israel.

on one hand I am told the less I talk about my family's investments in the USA, the better. on the other hand, this is the true reason for my trip. that and seeing my brother and nephew. what should I say or not say?and when they ask about why my visa was cancelled-what should I say and what not? should I send emails and letters to government offices telling them about all this or not?

please help me as much as you can:) thank you!

Edited May 16, 2013 by stackhouse

[kzielu 1,149]

My brother is a USA citizen. my parents own a business in Boston and they also own some real estate in the USA. OTHER THAN MY OLDEST BROTHER WHO lives in Boston, we are Israeli though.

I arrived in the summer to help my brother with his nasty divorce and also to see that the new biz is set up right for him. I ended up staying till January 11, and I was not aware I was supposed to leave the USA on the 9th (2 days overstay). when I arrived last Sunday, they cancelled my visa right away and I was sent back shamefully, while other people in the room with much worse visa problems were free to go. I was treated like a criminal JUST BC OF THOSE 2 days! it really upset me because I just bought an apartment in Boston and my parents are so well invested in the USA and my brother is a citizen-it's no way to treat me. now everyone tells me I have slim chances of getting a new visa and I should wait for applying , but I can't wait because I need to be there to take care of some stuff. should I contact the Ministry of Industry and Trade and tell them about what happened? should I tell them we would have to sell everything if they don't let me into the USA? what is the best way for me to get a new visa? I just know that they will ask me all kind of questions about why it was cancelled, why I want to enter the USA and how can I prove I am coming back to Israel.

on one hand I am told the less I talk about my family's investments in the USA, the better. on the other hand, this is the true reason for my trip. that and seeing my brother and nephew. what should I say or not say?and when they ask about why my visa was cancelled-what should I say and what not? should I send emails and letters to government offices telling them about all this or not?

please help me as much as you can:) thank you!

You are kidding, right ? You had no visa minute you overstayed. You have essentially zero chances of getting tourist visa anytime soon, especially with your family there - which is exactly opposite to what ties to your home country would be.

Fact that you can't wait is really your problem, as overstay is entire your fault. Idea of contacting some kind of ministry is rather funny - best advise is - start making plans of dealing with your needs without being able to travel to US for quite a while...

Btw - in your application for your new visa you will be required to disclose where your family is and if you ever overstayed previous visas. Trying to hide these facts would end up in a lifetime ban most likely...

Edited May 16, 2013 by kzielu

[Kastrs 723]

You are kidding, right ? You had no visa minute you overstayed. You have essentially zero chances of getting tourist visa anytime soon, especially with your family there - which is exactly opposite to what ties to your home country would be.

Fact that you can't wait is really your problem, as overstay is entire your fault. Idea of contacting some kind of ministry is rather funny - best advise is - start making plans of dealing with your needs without being able to travel to US for quite a while...

Yup!! when you are in another country the responsibility is on you to make sure you understand the visa rules of that country. Even though to you your overstay of 2 days seems like nothing, the point is that you overstayed. Once you have overstayed once, it is difficult to demonstrate you will not do it again.

[kzielu 1,149]

Good luck... Couldve wrote more but there is no point...

[Ban Hammer 13,491]

4 posts removed. 1 for personal insult, one for quoting that post, and 2 for denigrating an ethnicity.

do not repeat this posting behavior. suspensions from this website will follow should this warning be ignored.

charles

vj moderation

Edited May 16, 2013 by charles!

[belinda63 3,041]

Part of the agreement you sign when you receive a visa is that you will leave prior to the date on your I-94. Whether by error or intention, you overstayed the time you were permitted. You are always welcome to apply for another visa to the US but you must remember, anyone applying for a tourist visa is considered to be an intending immigrant and it is up to you to prove otherwise. Having family and property in the US is a big minus in addition to the overstay.

What ties to your country do you have to prove you will return?

[Merrytooth 5,748]

Why not try calling the White House to complain about your unfair treatment and grievances?

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[VanessaTony 3,567]

1. Okay so on which visa did you enter? Visitor?

2. How often do you spend time in the US?

3. What visa do your parents have?

4. Are your parents LPR's?

See the problem here is the US does NOT owe you a life in the US. You are simply a visitor who happens to know people who live in the US. In the same way my family cannot just come and stay with me all the time and basically "live here" while visiting Australia/their home country, neither can you.

Unfortunately your 2 days might not be the only problem. It could well be (you haven't said but it appears from your OP that it might also be the case) that you spend more time in the US rather than out and so that was another reason for the cancellation, or why it would be hard to get another visitor visa.

Have you looked into other visa options? Like an investor visa? Or student? or work? It certainly seems that the visitor visa is off the cards.

I'm not mean when I'm saying - you don't live in the US. While not visiting and relying on others to visit you will suck due to the change on your normal pattern, your life should be in your home country and your family is from there so them visiting will be significantly easier. It just sucks that 2 days has caused this, but they can be pretty strict as you now know.

**p.s. If you can prove that the overstay was not by your fault (say delayed flights etc) then you MAY stand a chance, but it's unlikely.

Edited May 16, 2013 by Vanessa&Tony

[Darnell 8,479]

I think it's best to contact the Ministry of Industry and Trade and get all of this sorted through their office.

WHY? You need some big help, that office (if they desire to) can sort all of this.

Good Luck !

[hmh33 117]

Why not try calling the White House to complain about your unfair treatment and grievances?

Because it's a waste of time - yours and theirs.

[skiptex 225]

sorry to hear..

[Inshikata 2]

Here is when you need a good advice from a good immigration lawyer...wont cost much to get some advice from the real professionals...good luck Allah with you....

[Fight for Love 98]

sorry but "RULES IS RULES"...it doesn't matter if u only over stay in few hours, it still means you over stay.

esp. US government are very strict about immigration law.

also, it's not even matter of a life death situation that u over stay. you shouldof step out and step in again, the US soil to avoid this problem.

anyways damage have done. hopefully they won't ban u for long time. goodluck!!!

[KP & SP 9]

OP, I understand your problem and I also understand laws are made NOT to be broken but they get broken sometimes and offender pays the price.

But, there is always hope and this is not the first or the last time an Immigration law is broken.

Series of Immigration overhauls are being discussed, various bills been discussed. So, I tend to agree with darnell; contact someone who can assist and I know for fact that if you can get a little pressure at the Embassy from local government the CO can bend the rule under certain circumstances.

Well, at least I know few country where it works.

[Pinkrlion 2,724]

Here is when you need a good advice from a good immigration lawyer...wont cost much to get some advice from the real professionals...good luck Allah with you....

Why get a lawyer for a visitor visa. He violated the overstay (the law says the date to leave) there are no days for extension. Also, he has already established that he plans to reside in the US. (I bought an apartment) He has no established ties to his home and really has not said that he plans to return home. He will do good with just a 5 year ban.

Edited May 16, 2013 by Pinkrlion