Ok am I going to need a Waiver ?

[ericdraven 0]

Good day to you all on VJ,

First of all thanks for all you help so far, you've been a great help answering my pre k-1 filing. My question today is about Wavier's need for my overstay.

Yes we've got a lawyer helping, and he says we shouldn't need it but he's not 100% the reason being my overstay is less than 180 days.

Entered Jul 26th 2006

Date to leave Oct 24 2006

Left America Apr 10 2007

I've Had a good look round and there's alot of conflicting info. It seems to be based on your personal lenght of overstay.

Thanks in advance

Eric

[john_and_marlene 162]

Good day to you all on VJ,

First of all thanks for all you help so far, you've been a great help answering my pre k-1 filing. My question today is about Wavier's need for my overstay.

Yes we've got a lawyer helping, and he says we shouldn't need it but he's not 100% the reason being my overstay is less than 180 days.

Entered Jul 26th 2006

Date to leave Oct 24 2006

Left America Apr 10 2007

I've Had a good look round and there's alot of conflicting info. It seems to be based on your personal lenght of overstay.

Thanks in advance

Eric

Is that your only overstay? Overstay days are cumulative. If you have had other overstays, those days are added too.

[ericdraven 0]

Good day to you all on VJ,

First of all thanks for all you help so far, you've been a great help answering my pre k-1 filing. My question today is about Wavier's need for my overstay.

Yes we've got a lawyer helping, and he says we shouldn't need it but he's not 100% the reason being my overstay is less than 180 days.

Entered Jul 26th 2006

Date to leave Oct 24 2006

Left America Apr 10 2007

I've Had a good look round and there's alot of conflicting info. It seems to be based on your personal lenght of overstay.

Thanks in advance

Eric

Is that your only overstay? Overstay days are cumulative. If you have had other overstays, those days are added too.

Yes that is my overstay time in america

Eric

[YuAndDan 153]

Question was asked last week: http://www.visajourney.com/forums/index.ph...st&p=900483

There is no ban on a person who overstayed less than 180 days.

[john_and_marlene 162]

Cumulative overstay of less than 180 days will not require a waiver.

[ericdraven 0]

Thanks for the info. Most welcome, but has anyone been in this postion and could let me know what happen to them just to give me an Idea.

Thanks again

Edited May 14, 2007 by ericdraven

[kitkat1 5]

Yes we've got a lawyer helping, and he says we shouldn't need it but he's not 100% the reason being my overstay is less than 180 days.

Why is he not sure? The law is 100% clear. Sounds like a very inexperienced lawyer. The burden is on YOU to prove you left in under 180 days. Be prepared with dated evidence of your return i.e. plane tickets/boarding pass/receipts in your country, etc. Yes it has happened to other people. Since there is no overstay, they get their visa.

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html

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 235(b(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or