Tourist visa overstay or not???

[ssgrip 0]

In 2003 my husband (back then I hadn't met him yet though!) spent 6 months in the US on a valid B1/B2 visa, but in between those 6 months he spent 1 month in Canada. Does this count as an overstay in the US? Or not, since he spent a month in Canada and therefore wasn't in the US for over 6 mo?

Will this have an effect on our k3 (or IR) interview (we are still pending I-130 so I don't expect the interview will be for a while...)

Thanks.

[kitkat1 5]

In 2003 my husband (back then I hadn't met him yet though!) spent 6 months in the US on a valid B1/B2 visa, but in between those 6 months he spent 1 month in Canada. Does this count as an overstay in the US? Or not, since he spent a month in Canada and therefore wasn't in the US for over 6 mo?

Will this have an effect on our k3 (or IR) interview (we are still pending I-130 so I don't expect the interview will be for a while...)

Thanks.

Did he leave by the date on the I-94? That's all the matters. Anyway, overstay begins at 180 days of illegal presence. Clearly he didn't have that.

[ssgrip 0]

In 2003 my husband (back then I hadn't met him yet though!) spent 6 months in the US on a valid B1/B2 visa, but in between those 6 months he spent 1 month in Canada. Does this count as an overstay in the US? Or not, since he spent a month in Canada and therefore wasn't in the US for over 6 mo?

Will this have an effect on our k3 (or IR) interview (we are still pending I-130 so I don't expect the interview will be for a while...)

Thanks.

Did he leave by the date on the I-94? That's all the matters. Anyway, overstay begins at 180 days of illegal presence. Clearly he didn't have that.

Intersting about the 180 days...is that a "rule" that's spelled out somewhere by USCIS? (that would be nice, so that I have reference of this) In other words, 1-2 month overstay won't be penalized?

I think he left past the I94 date, I suppose. Since he left the US after the 6 months (since he spent a total of 7 mo. in US/Canada).

Thanks.

[kitkat1 5]

It's the law. Immigration and Nationality Act:

INA §212(a)(9)B(i)(I)

Any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for a period of more than 180 days but less than 1 year and voluntarily departed the United States (whether or not pursuant to section 244(e) prior to the commencement of proceedings, is excludable for a period of 3 years.

INA §212(a)(9)B(i)(II) provides that any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for 12 months or more is excludable for 10 years.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Classes of Aliens Ineligible to Receive Visas

ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235b(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

[homesick_american 1]

It's the law. Immigration and Nationality Act:

INA §212(a)(9)B(i)(I)

Any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for a period of more than 180 days but less than 1 year and voluntarily departed the United States (whether or not pursuant to section 244(e) prior to the commencement of proceedings, is excludable for a period of 3 years.

INA §212(a)(9)B(i)(II) provides that any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for 12 months or more is excludable for 10 years.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Classes of Aliens Ineligible to Receive Visas

ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235b(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

Hey kitkat...are you happy in your present career or have you given any thought to becoming an immigration lawyer yourself? I'm not being sarky; seems like you always have the answer.