Lifetime Ban From the US - Now what

[N-o-l-a 7,167]

If they didn't catch you leaving the Schengen it is unlikely to be a problem with the overstay. How long ago was your last overstay in Italy and for how many days? The ban lengths are much shorter there if there is a problem.

Your other option, as hinted by another poster, is to exercise your fiance's right of free movement throughout the EU to get married or to stay somewhere permanently. For example, you could live just over the Italian border in Slovenia, Austria, or France and then your future husband could continue to work in Italy.

This will also stop any hassle with a need to petition the Italian government for a spouse visa or whatever they call it as you can just get a tag along EU family member resident card in said countries.

[Darnell 8,478]

if you are still in Italy, I suggest you go in the US Consulate in Naples, on an American Citizen Services Appointment, and talk with a Vice-Consul about this. The Vice-Consuls there also handle immigrant visa interviews, so they can look at some stuff on your beloved, and see what the exact situation is.

[Boiler 45,153]

He used the VWP to attend college?

[Darnell 8,478]

ya, apparently !

[belinda63 3,030]

The consulate misinformed him about being able to attend school on the vwp so why do you think they are correct that he has a lifetime ban? You need to get verification of this from a reliable source. What was written in his passport or do a Freedom of Information request. The other way, but more expensive, is to file for him and find out what they say at his interview.

[Nodir 10]

This is incorrect, you can get a waiver for lifetime bans from misrepresentation.

I thought cockroach or something is on my screen and I tried to remove it Now I see

[jan22 3,040]

The consulate misinformed him about being able to attend school on the vwp so why do you think they are correct that he has a lifetime ban? You need to get verification of this from a reliable source. What was written in his passport or do a Freedom of Information request. The other way, but more expensive, is to file for him and find out what they say at his interview.

Don't jump to blaming the consulate for the "misinformation". I doubt VERY seriously that someone at the consulate told him he could use the VWP to study in the US. They answered a question for him, but we don't know what that question was. If he asked them, for example, if he could use the VWP to enter the US after his student visa had expired (and didn't say that it was to continue his studies), they would have told him he could do that. Or, perhaps he misunderstood what they told him. But, it is unlikely that somebody from a VWP country (who knew he had to get a student visa to go to the US to study) would not know that he needed to use a student visa to continue those studies.

I agree -- the ban wasn't for overstay. It was for misrepresenting his intentions at the POE. When applying to enter the US on the VWP, you are telling the immigration official that you are a visitor for pleasure (b2) or business (B1). To then go directly back to the school and resume your studies -- several times -- is clearly not what the immigration office was told about the purpose of the entry.

There is a waiver available misrepresentation (except for claiming to be a US citizen when you're not) for K1 or immigrant visas, but it requires, as others have said, that you prove extreme hardship should he not be allowed to immigrate. That's harder to prove since you have lived and worked outside the US before and perhaps, in the eyes of immigration, could do so again.

Good luck sorting it out.

BTW -- the ineligibility will not affect you filing a petition -- it will only be a factor in whether the visa can be issued or not. The petition is merely a determination that the appropriate relationship exists according to the documents submitted and authorizes your to file for the visa to see if you meet all other requirements.

[MO-MO1974 7]

I thought cockroach or something is on my screen and I tried to remove it Now I see

almost had me smashing my screen

[Jon and Krissy 452]

Life in Italy sounds awesome. I'm envious.

I have just confirmed that my fiance that is an Italian citizen has been banned from a miscommunication as he was entering into the US in 2009. Long story short, he had a student visa but it had expired. He went to the US consulate in Florence to ask if he needed an extension to go back to California to finish his classes, but was told he did not need an extention and to just go and come back every 90 days and he would have no problems. He did this twice without any worry, but on the third time was stopped in Chicago and questioned by an officer. Once the officer discovered he was half Syrian (arabic) the officer sent him off for more questioning. It was decided that he did not have enough legal evidence to show that he was to leave the states after his allowed stay and he was sent back to Italy in handcuffs. This was in 2009. Now, we have had a relationship for over a year and a half and he'd like to return to the states, but I was told by numerous american attorneys and he was just told by the consulate (without him even getting to explain his story that he did nothing wrong - he never overstayed) that he has a permanent lifetime ban to the states and will be unable to go there. I am having a hard time with this as an american citizen because he cannot even visit with me - even if we have children. No one has given me any hope. I was told by a lawyer that applying for a fiance or marriage visa would basically be wasting my time and I'm at my wits end with this and don't know what to do. I want my husband to come home with me. Most of my family hasn't even met him. It's a terrible situation and anyone that has any information as to where to turn would be greatful.

The other part? I have stayed illegally in Italy three times - the first because I was tricked by a company into staying becuase they were not paying me correctly and told me that overstaying wasnt a problem. The second basically for the same reason and the third, because I am afriad that I will be banned from the EU if they catch me. I am now trying to figure out if I can get married here before I leave so I cannot get banned. I heard this may work if we get married in a church but I haven't heard anyone confirming this - plus my fiance would have to convert to catholicism. My other option would be to go home for 90 days and then attempt to come back but I am afriad they may still catch me for my previous overstays.

Again, if anyone has any advice as to what to do in this situation, it'd be greatly appreciated!

Thank you/Grazie,

Li

[belinda63 3,030]

It is correct we don't know what was asked when he went about returning to finish school. We also don't know what was asked when they inquired about the ban. That is why I said find out from a reliable source. It could be he was just refused entry and told his VWP was no longer valid. It could be misrepresentation. It could be a short ban for misuse of the VWP. The issue is we don't know. I say file the petition and be prepared with an attorney if there is a ban.

[thelastpetitioner 218]

I honestly doubt they would put someone in handcuffs and slap a lifetime band on them for being half Arabic. However him coming to America to finish school on visa waiver program ? Yeah, that's the bigger issue.as far as you staying in Italy illegally, if they feel as bad about it as Americans do, it's best for you to go back home and get the proper visa and go back to Italy. Because if they catch you, all bridges will be burnt and you and your fiance will have nowhere to go as a couple.

[Eric-Pris 1,606]

Overstaying an expired visa, which is what sounds like was what happened to your fiancé, does not result in a lifetime ban. You usually get a lifetime ban for misrepresentations. So there is that.

I agree. Seems like your fiancee has not told you the whole story or you are leaving off some facts. You don't get deported in handcuffs for overstaying a visa, or even lying to an IO. Handcuffs mean that it went to another level.

[iawait 9]

Hi Li' Please try http:\\www.immigrate2us.com. People there are more experienced in waivers. Good Luck!

I have just confirmed that my fiance that is an Italian citizen has been banned from a miscommunication as he was entering into the US in 2009. Long story short, he had a student visa but it had expired. He went to the US consulate in Florence to ask if he needed an extension to go back to California to finish his classes, but was told he did not need an extention and to just go and come back every 90 days and he would have no problems. He did this twice without any worry, but on the third time was stopped in Chicago and questioned by an officer. Once the officer discovered he was half Syrian (arabic) the officer sent him off for more questioning. It was decided that he did not have enough legal evidence to show that he was to leave the states after his allowed stay and he was sent back to Italy in handcuffs. This was in 2009. Now, we have had a relationship for over a year and a half and he'd like to return to the states, but I was told by numerous american attorneys and he was just told by the consulate (without him even getting to explain his story that he did nothing wrong - he never overstayed) that he has a permanent lifetime ban to the states and will be unable to go there. I am having a hard time with this as an american citizen because he cannot even visit with me - even if we have children. No one has given me any hope. I was told by a lawyer that applying for a fiance or marriage visa would basically be wasting my time and I'm at my wits end with this and don't know what to do. I want my husband to come home with me. Most of my family hasn't even met him. It's a terrible situation and anyone that has any information as to where to turn would be greatful.

The other part? I have stayed illegally in Italy three times - the first because I was tricked by a company into staying becuase they were not paying me correctly and told me that overstaying wasnt a problem. The second basically for the same reason and the third, because I am afriad that I will be banned from the EU if they catch me. I am now trying to figure out if I can get married here before I leave so I cannot get banned. I heard this may work if we get married in a church but I haven't heard anyone confirming this - plus my fiance would have to convert to catholicism. My other option would be to go home for 90 days and then attempt to come back but I am afriad they may still catch me for my previous overstays.

Again, if anyone has any advice as to what to do in this situation, it'd be greatly appreciated!

Thank you/Grazie,

Li

[del-2-5-2014 1,339]

Life in Italy sounds awesome. I'm envious.

As a Nigerian who visited Switzerland, Austria, Britain while working my way towards the US, I cannot fathom why anyone would want to come hither from some of these countries.

The power of love is strong I suppose.

[Nawlinshoney 7]

Yeah I talked to a lawyer about this sort of situation myself. Seeing that you are not allowed in Italy anymore You both have to meet up somewhere and get married. Then petition for him here. I agree that you need to show extreme hardship for yourself as to why the USA would have him back for instance he is the breadwinner of the family, sever depression from a doctor. I was also told by a lawyer that he believes they may deny it the 1st time and you may have to appeal. Or if you both had a child together that would be another reason for him to come back. I am in NO WAY stating for you to have a child just so he can come here. And it will take about a year for all the paperwork to go through.