Have I violated the terms of U.S. visa,YES or NO?Read please!

[Chantal&Marjo 4]

Hi! I'm not sure how to compile this question on this form DS-260, I would like to have your opinion thank you!

The question is: "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official ot otherwise violated the terms of U.S. VISA?"

This is what happened:

The first time I went to the States I could use the Visa Waiver Program, I haven't had to apply for a visa because with this an Italian can stay in U.S 90days.

So I went and go back to Italy in 90days.

But the next time that I went they stop me. They told me I wrong, I was one more day in US. when I understand which mistake I do..I can't believe. I calculate from 15september to 15 december.. but I forgot october have 31days!!!!!

They told me "you can pay $585 and enter, if not you do come back to italy" I paid and I can enter.My english is very bad, and I don't understand rightnow for what I do pay.

When I come back to home I search for I-193 W/FEE and I found this: "Application for waiver of passport and/or visa" and this explanation...

"I-193 (Application for Waiver of Passport and/or Visa)

Sometimes, during travel, a passport or visa is lost or stolen. This can be very stressful, but can be even more stressful for the person who is not a US citizen but is living in the US and now must face the daunting prospect of trying to re-enter the US without a visa. If you do not have your passport and visa and are not a US citizen, you can file USCIS form I-193 (Application for Waiver of Passport and/or Visa). If approved, this application allows you to reenter the US even if you have lost your passport and visa."

Why they do this? I don't live in US!!!So, this isn't a visa..exactly? I don't understand!

So my questions are:

• On this question "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official ot otherwise violated the terms of U.S. VISA?" I have to answer yes or no?
• When the second time they made me do this I-193 Application for Waiver of Passport and/or Visa, this is a Visa or not?

thanks to everyone for their patience!!

[Dave&Roza 748]

Hi! I'm not sure how to compile this question on this form DS-260, I would like to have your opinion thank you!

The question is: "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official ot otherwise violated the terms of U.S. VISA?"

This is what happened:

The first time I went to the States I could use the Visa Waiver Program, I haven't had to apply for a visa because with this an Italian can stay in U.S 90days.

So I went and go back to Italy in 90days.

But the next time that I went they stop me. They told me I wrong, I was one more day in US. when I understand which mistake I do..I can't believe. I calculate from 15september to 15 december.. but I forgot october have 31days!!!!!

They told me "you can pay $585 and enter, if not you do come back to italy" I paid and I can enter.My english is very bad, and I don't understand rightnow for what I do pay.

When I come back to home I search for I-193 W/FEE and I found this: "Application for waiver of passport and/or visa" and this explanation...

"I-193 (Application for Waiver of Passport and/or Visa)

Sometimes, during travel, a passport or visa is lost or stolen. This can be very stressful, but can be even more stressful for the person who is not a US citizen but is living in the US and now must face the daunting prospect of trying to re-enter the US without a visa. If you do not have your passport and visa and are not a US citizen, you can file USCIS form I-193 (Application for Waiver of Passport and/or Visa). If approved, this application allows you to reenter the US even if you have lost your passport and visa."

Why they do this? I don't live in US!!!So, this isn't a visa..exactly? I don't understand!

So my questions are:

• On this question "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official ot otherwise violated the terms of U.S. VISA?" I have to answer yes or no?
• When the second time they made me do this I-193 Application for Waiver of Passport and/or Visa, this is a Visa or not?

thanks to everyone for their patience!!

Based on what you have stated, you did in fact violate the terms of your visa by overstaying by one day because you were thinking 3 months and not 90 days. IMHO, it is best to admit to this small transgression and accept the consequences rather than lying and making things much much worse. The fee you paid was for a waiver to allow you to enter the US because of your last overstay. I am sure the CBP has a record of your overstay and the waiver. Admit to the 1 day overstay and see what happens.

Good luck,

Dave

[Boiler 46,156]

Thee answer is yes.

[Chantal&Marjo 4]

Based on what you have stated, you did in fact violate the terms of your visa by overstaying by one day because you were thinking 3 months and not 90 days. IMHO, it is best to admit to this small transgression and accept the consequences rather than lying and making things much much worse. The fee you paid was for a waiver to allow you to enter the US because of your last overstay. I am sure the CBP has a record of your overstay and the waiver. Admit to the 1 day overstay and see what happens.

Good luck,

Dave

Thank you! I wanna say all truth, just I was not sure if the "visa waiver program" is a visa, I asked this beacause in Italy it called "Viaggio senza visto" in english travel without visa. Now I know How answer when I have to fill out the forms thank you again!

Thee answer is yes.

Thank you!