INTERVIEW

[Annie+Mike 0]

WELL ONCE AGAIN I WENT THE LONG ROAD TO DUBLIN AND ONCE AGAIN I DID NOT GET MY VISA-

I NEED TO PROVE MY DATES OF ENTRY AND EXIT OF THE COUNTRY WHEN I OVER STAYED MY VISA

I ENTERED IN 7-NOV-2002 AND LEFT ON 3-FEB 2004, AS I LOST MY PASSPORT I DO NOT HAVE ANY RECORD

OF THIS.. i HAVE RANG THE AIRLINE AND THEY HAVE STATED THAT THEY DO NOT KEEP RECORDS THAT LONG

SO I AM GUESSING THAT THE ONLY WAY THAT I CAN PROVE IT IS BY CONTACTING INS?? DOES ANYONE KNOW

HOW TO DO THIS OR HAVE ANY SUGGESTIONS FOR ME???

HE ALSO STATED THAT I MIGHT NOT BE ELIGABLE FOR AN IMMIGRANY VISA CAN SOMEONE PLEAS HELP ME!!

[babybunny 2]

WELL ONCE AGAIN I WENT THE LONG ROAD TO DUBLIN AND ONCE AGAIN I DID NOT GET MY VISA-

I NEED TO PROVE MY DATES OF ENTRY AND EXIT OF THE COUNTRY WHEN I OVER STAYED MY VISA

I ENTERED IN 7-NOV-2002 AND LEFT ON 3-FEB 2004, AS I LOST MY PASSPORT I DO NOT HAVE ANY RECORD

OF THIS.. i HAVE RANG THE AIRLINE AND THEY HAVE STATED THAT THEY DO NOT KEEP RECORDS THAT LONG

SO I AM GUESSING THAT THE ONLY WAY THAT I CAN PROVE IT IS BY CONTACTING INS?? DOES ANYONE KNOW

HOW TO DO THIS OR HAVE ANY SUGGESTIONS FOR ME???

HE ALSO STATED THAT I MIGHT NOT BE ELIGABLE FOR AN IMMIGRANY VISA CAN SOMEONE PLEAS HELP ME!!

perhaps you could look for stuff from the trip like letters talking about your trip, maybe look in stacks of papers for Itenary. stuff like that, pictures.. etc..

[john_and_marlene 162]

WELL ONCE AGAIN I WENT THE LONG ROAD TO DUBLIN AND ONCE AGAIN I DID NOT GET MY VISA-

I NEED TO PROVE MY DATES OF ENTRY AND EXIT OF THE COUNTRY WHEN I OVER STAYED MY VISA

I ENTERED IN 7-NOV-2002 AND LEFT ON 3-FEB 2004, AS I LOST MY PASSPORT I DO NOT HAVE ANY RECORD

OF THIS.. i HAVE RANG THE AIRLINE AND THEY HAVE STATED THAT THEY DO NOT KEEP RECORDS THAT LONG

SO I AM GUESSING THAT THE ONLY WAY THAT I CAN PROVE IT IS BY CONTACTING INS?? DOES ANYONE KNOW

HOW TO DO THIS OR HAVE ANY SUGGESTIONS FOR ME???

HE ALSO STATED THAT I MIGHT NOT BE ELIGABLE FOR AN IMMIGRANY VISA CAN SOMEONE PLEAS HELP ME!!

An overstay of 180+ days gets a 3 year ban. An overstay of 1 year gets a 10 year ban. I imagine they are attempting to determine which ban to impose. If it's the 3 year ban, it is already over. If it's the 10 year ban, you will be denied the visa and will need to apply for a waiver that may or may not be granted. How long was your authorized stay when you overstayed?

[Annie+Mike 0]

WELL ONCE AGAIN I WENT THE LONG ROAD TO DUBLIN AND ONCE AGAIN I DID NOT GET MY VISA-

I NEED TO PROVE MY DATES OF ENTRY AND EXIT OF THE COUNTRY WHEN I OVER STAYED MY VISA

I ENTERED IN 7-NOV-2002 AND LEFT ON 3-FEB 2004, AS I LOST MY PASSPORT I DO NOT HAVE ANY RECORD

OF THIS.. i HAVE RANG THE AIRLINE AND THEY HAVE STATED THAT THEY DO NOT KEEP RECORDS THAT LONG

SO I AM GUESSING THAT THE ONLY WAY THAT I CAN PROVE IT IS BY CONTACTING INS?? DOES ANYONE KNOW

HOW TO DO THIS OR HAVE ANY SUGGESTIONS FOR ME???

HE ALSO STATED THAT I MIGHT NOT BE ELIGABLE FOR AN IMMIGRANY VISA CAN SOMEONE PLEAS HELP ME!!

An overstay of 180+ days gets a 3 year ban. An overstay of 1 year gets a 10 year ban. I imagine they are attempting to determine which ban to impose. If it's the 3 year ban, it is already over. If it's the 10 year ban, you will be denied the visa and will need to apply for a waiver that may or may not be granted. How long was your authorized stay when you overstayed?

My 3 year ban is allready over and now legal to go into the states. I just have to prove that it was 3 years.

[YuAndDan 153]

If you overstayed a visa to the USA you will have a 3 year bar for 6mo to 1 year over stay, and a 10 year bar for overstay of 1 year or more, so is correct about the ineligibility.

(B ) 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

(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.

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

A waiver will be needed.

Perhaps contacting CBP, they may have record of entry and exit. (This is a wild guess) (They are responsible for US POE)

http://www.cbp.gov/xp/cgov/toolbox/contacts/

[john_and_marlene 162]

A waiver will be needed.

Not if they can show the overstay was less than 1 year. It has already been more than 3 years since they left.

[Kez/JWolf 6]

I will assume you used the VWP to come to the US... so it will be borderline for under 1 year of overstay or over 1 year....

Kez

[Minya's wife 24]

Is the OP's country part of the VWP? If so, isn't the VWP lenght of allowed stay 90 days? According to the dates of entry/exit given, the overstay is about 1 year.....so its very close as to whether the ban is 3 or 10 years.

OP, how did you purchase your ticket back in 2002? Credit card? Perhaps you have the bill from then, showing the purchase was made. If you purchased the ticket through a travel agency, perhaps they have records of the sale and can produce a letter for you confirming that you purchased the ticket with them. If you've had the same bank since then, and used a check, or money transfer to pay for the ticket, the bank may be able to affirm that the transaction occured. Just some ideas.

-P

[Saddle Bronc 124]

I would suggest contacting USCIS, and also bank or credit card company (as suggested by Paul&Minya).

For the OP: is it feasible for you to meet in Canada (a temporary workaround)?

[bostonparis 0]

You could also get credit card or bank statements proving you were in your home country immediately when you returned, to prove that you left the US when you say you did.

[desert_fox 32]

File the proper form with the USCIS, whatever it is, and ask for a duplicate copy of your I-94 assuming that you turned it in when you left the US.

[redpixie 0]

I am sorry to hear about your trouble. I am also a little worried about this happening as I overstayed my F-1 student visa by a couple of months so as I could stay with my fiance longer. I know that I had 60 days of extended stay as a freebe with the visa, but I ended up staying for 120 days. (Visa ended early May 2005 with extended stay until early July, I stayed until the start of Sept).

I'm also applying for the actual visa at Dublin, as we relocated here from the UK last year. I guess I should contact my bank in the UK and get statements for the period of time I was in the States, the record of my paying for my flight home and records of withdrawls when I came home. Hopefully that will be okay to prove that I came back. I'm a little worried with regards to the three year ban as that won't expire until next Sept.

Good luck with getting it sorted out. Where are you located, btw? We're in Cork.

[Annie+Mike 0]

Hi- I am located in Killarney and at the moment am demented with trying to get paper work together to prove the entry and exit dates.

I have gotten a copy of the ticket that I purchased from the travel adgent for entering the country on 7th nov 2002 and am not going through so much red tape with trying to get my it on paper about my return date on 3feb 2004-- this is such a night mare- they were really horrible up at the embassy- have not slept really at all with all of the worry it is just horrible

I am sorry to hear about your trouble. I am also a little worried about this happening as I overstayed my F-1 student visa by a couple of months so as I could stay with my fiance longer. I know that I had 60 days of extended stay as a freebe with the visa, but I ended up staying for 120 days. (Visa ended early May 2005 with extended stay until early July, I stayed until the start of Sept).

I'm also applying for the actual visa at Dublin, as we relocated here from the UK last year. I guess I should contact my bank in the UK and get statements for the period of time I was in the States, the record of my paying for my flight home and records of withdrawls when I came home. Hopefully that will be okay to prove that I came back. I'm a little worried with regards to the three year ban as that won't expire until next Sept.

Good luck with getting it sorted out. Where are you located, btw? We're in Cork.

[Annie+Mike 0]

HI-- THANKS FOR YOUR POST--

I ENTERED THE STATES ON 7 NOV 2002 AND LEFT IT ON 3 FEB 2004 SO THAT GIVES ME 426 DAYS IN TOTAL IN THE COUNTRY. SO IF I TAKE THE 90 DAY AUTOMATIC ENRTY VISA AWAY FROM THAT I GET 336 DAYS THAT I OVERSTAYED MY VISA BY. I HAVE NOT ATTEMPTED TO ENTER THE COUNTRY SINCE THAT DATE-- SO IF I CAN FIND ALL THE RELEVENT DOCUMENTATION TO SUPPORT THIS I SHOULD BE OK RIGHT????

A waiver will be needed.

Not if they can show the overstay was less than 1 year. It has already been more than 3 years since they left.

[Annie+Mike 0]

ACTUALLY JUST DID THE CALCULATIONS AGAIN AND I OVERSTAYED BY 363 DAYS!!!SOOOOO WHAT U THINK???

HI-- THANKS FOR YOUR POST--

I ENTERED THE STATES ON 7 NOV 2002 AND LEFT IT ON 3 FEB 2004 SO THAT GIVES ME 426 DAYS IN TOTAL IN THE COUNTRY. SO IF I TAKE THE 90 DAY AUTOMATIC ENRTY VISA AWAY FROM THAT I GET 336 DAYS THAT I OVERSTAYED MY VISA BY. I HAVE NOT ATTEMPTED TO ENTER THE COUNTRY SINCE THAT DATE-- SO IF I CAN FIND ALL THE RELEVENT DOCUMENTATION TO SUPPORT THIS I SHOULD BE OK RIGHT????

A waiver will be needed.

Not if they can show the overstay was less than 1 year. It has already been more than 3 years since they left.