overstayed?

[pushbrk 13,213]

Yes, but a common one. We're arguing "tense". Your saying the ban is in force now. I'm saying it should be but isn't yet. In the end, the result is the same except continuing to re-enter when a ban is NOT YET in force, is not adding to the injury, like it would if the ban actually WAS in force.

[Lolote 0]

I overstayed in the US. I am a PR of Canada.

Wait you overstayed in the US or canada?

[SimonBelgium 49]

You should note that as soon as you receive your official ban (i.e. after you file your petition and receive a refusal), you won't be able to enter the US anymore, even for short visits, like you have been doing before.

As some people suggested, talk to a good immigration lawyer and explain the situation. Then see if he can get a hearing to explain your case, and either they'll give you a waiver, or with a bit of luck, start your 10 year ban on the day you actually left your overstay (2009?), instead of starting the ban now in 2014...

Having an official status of your situation is always best, at least you know what you're dealing with then...

[zuluweta 250]

I wasn't planing on lying.. was just hoping they would not catch onto it or ask me if I ever overstayed...

The immigration forms to immigrate as a spouse of a US citizen or LPR and the information forms required by the US Embassy for your visa interview will ask if you have ever overstayed a visa in the USA. Telling the truth will lead to a 10-year ban. Lying and getting caught (and they will catch you) will get you a permanent ban.

[jan22 3,069]

I only have 1 passport - the European one and is the one I have been using to cross the border and take flights into the US. I have been going on my B2 since 2009 and being stopped at the border every 6 months in order to get a new form but this is normal. And once I have that white paper in my passport, they never stop me until it's time for a new one.

I don't want to add to your concerns, but I assume the "white paper" form that you are talking about is the I-94, i.e., the official record of your entry into the U.S. Usually, in order to get the I-94, you have to answer a series of questions. One o those questions asks, in some way (can't remember exactly the wording) whether you have ever been denied a visa or entry into the US or violated any immigration status. Did you fill out a form like that? If so, did you say "no" to that question? That would add another ineligibility -- getting an immigration benefit (entry into the U.S. as a visitor) through fraud or misrepresentation -- to your immigration record. That ineligibility is essentially a permanent ban from U.S. entry (well, until you are 99 years old). While a waiver is available, if you did this multiple times, and the most recent was fairly recently, a waiver for this would also be difficult to get approved.

[pushbrk 13,213]

I don't want to add to your concerns, but I assume the "white paper" form that you are talking about is the I-94, i.e., the official record of your entry into the U.S. Usually, in order to get the I-94, you have to answer a series of questions. One o those questions asks, in some way (can't remember exactly the wording) whether you have ever been denied a visa or entry into the US or violated any immigration status. Did you fill out a form like that? If so, did you say "no" to that question? That would add another ineligibility -- getting an immigration benefit (entry into the U.S. as a visitor) through fraud or misrepresentation -- to your immigration record. That ineligibility is essentially a permanent ban from U.S. entry (well, until you are 99 years old). While a waiver is available, if you did this multiple times, and the most recent was fairly recently, a waiver for this would also be difficult to get approved.

The I-94 itself asks no such questions. The CBP officer does not generally ask those questions either. If they are satisfied with the results of scanning the passport and your answer when they ask the purpose or purpose and duration of your visit, they stamp your passport and staple the I-94 "departure card" in the passport. When entering by car or using the Visa Waiver Program, rarely is any I-94 or I-94w issued.

[Lolote 0]

No I've never lied and have never been asked if I have ever violated immigration laws.

I have however been asked if I have ever been deported or refused entry and have answered no, because it is the truth. and up to this point I didn't even know about the 3-10yrs bans.

I don't want to add to your concerns, but I assume the "white paper" form that you are talking about is the I-94, i.e., the official record of your entry into the U.S. Usually, in order to get the I-94, you have to answer a series of questions. One o those questions asks, in some way (can't remember exactly the wording) whether you have ever been denied a visa or entry into the US or violated any immigration status. Did you fill out a form like that? If so, did you say "no" to that question? That would add another ineligibility -- getting an immigration benefit (entry into the U.S. as a visitor) through fraud or misrepresentation -- to your immigration record. That ineligibility is essentially a permanent ban from U.S. entry (well, until you are 99 years old). While a waiver is available, if you did this multiple times, and the most recent was fairly recently, a waiver for this would also be difficult to get approved.

Edited May 30, 2014 by Lolote

[Lolote 0]

I have found and contacted a lawyer here in Canada that deals with this sort of issues and waivers.

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Waivers forum.