Inadmissibility question

[Mason_Stellar 2]

Is there a way to check the number of years someone is inadmissible for after overstaying a US visa. I already know the 3 and 10 year bar for less than 180 days and more than a year overstay. i overstayed my visa due to ill health. is the only way to know for how long you're inadmissible is to apply for a new visa and see what they tell you? Basically, is there a way to know how long you have to wait to apply for visa that wont be rejected.

 

Edited July 7, 2022 by Mason_Stellar

[Redro 4,611]

Just now, Mason_Stellar said:

Is there a way to check the number of years someone is inadmissible for after overstaying a US visa. I already know the 3 and 10 year bar for less than 180 days and more than a year overstay. i overstayed my visa due to ill health. is the only way to know for how long you're inadmissible is to apply for a new visa and see what they tell you?

 

Do you have a USC spouse or fiance?

Are you applying for a spousal visa or another type of visa?

[Mason_Stellar 2]

Its looking like an non-immigrant visa for now. My USC girlfriend wont tie the knot for another 2 -3 years. i want to go see her if possible. So i want to have some clarity on how long i would have to wait before i can visit

[Boiler 45,445]

Simple maths, presumably you know when you entered, how long you were allowed to stay and when you left.

 

What do you mean by not rejected? There is no guarantee of visa issuance especially when you have a complicated past.

[JeanneAdil 6,489]

it would be best for her to visit u 

u would be lucky to get a tourist visa with a US gf and u would be asked the reason for wanting the visa and have to be honest

 

even if you get a tourist visa,  and the CBP  asks why u are coming to visit and u say to see my GF or they find out that is the reason,  u could be denied entry 

the fear CBP has is a person would come and marry here and adjust to stay

 

[Mason_Stellar 2]

Going By visa date on my visa stamp, i overstayed by 8 months, so that would mean 3 years ban? is there a way to know this for sure, like somewhere you can ask like the US embassy or something? 

[Boiler 45,445]

43 minutes ago, Mason_Stellar said:

Going By visa date on my visa stamp, i overstayed by 8 months, so that would mean 3 years ban? is there a way to know this for sure, like somewhere you can ask like the US embassy or something? 

No

 

Apart from applying for a visa.

[arken 4,197]

They won't just tell you based on a number given by you. In actual it could be more or less than what an applicant says. When you are applying for a visa, they'll review your past travel, determine  actual number of unlawful days and tell you the ban imposed.

 

In general they all follow the below:

 

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1182&num=0&edition=prelim

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 1254a(e) ³ of this title) prior to the commencement of proceedings under section 1225(b)(1) of this title or section 1229a of this title, 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.

Edited July 7, 2022 by arken

[Verrou 1,962]

if i were you, i will check the passport

that's how u can tell for sure from the stamp ( if theres any stamp when u entered ur country after US)

[SalishSea 17,801]

13 hours ago, Mason_Stellar said:

Its looking like an non-immigrant visa for now. My USC girlfriend wont tie the knot for another 2 -3 years. i want to go see her if possible. So i want to have some clarity on how long i would have to wait before i can visit

Inadmissibility waivers are generally for the purpose of hardships to US citizens.  It is no hardship for someone to be unable to travel as a tourist to the US.

 

Not happening.

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to Tourist Visas forum ***

 

[Mason_Stellar 2]

me and my US citizen same sex partner meet in college. I feel ill(asthma), could not complete my education and overstayed my visa by more than a year and recuperated then returned to my home country(India). Now me and my partner are looking to tie the knot but have to settle for k1 fiance visa since same sex marriage is not allowed in India. What are our chances to unite with each other in the US after going through visa process? Will the officers be harsh on us? Are there a lot of red flags? is the case unwinnable? does it potentially look like "visa shopping" ? 

 

Asking for a friend 

Edited January 16, 2023 by Mason_Stellar

[Mike E 11,739]

You might have a 10 year ban due to over stay. However, the topic of F-1 over stay is complicated and I suggest hiring an attorney, as sometimes F-1 visa holders thing they’ve overstayed and they really haven’t. Or they overstayed but not as long as they think.  A 3 year ban would hardly matter given processing times for K and IR visas.  
 

Even though same sex marriage is illegal where you live, it is  not illegal in Utah county, Utah, USA. You can get married online through Utah county and once you meet in person, file I-130 to start your IR-1 visa process. 
 

https://www.utahcounty.gov/dept/clerkaud/PassMarr/RemoteAppearanceFAQ.asp
 

 

[Boiler 45,445]

Worst case scenario is the need to file a I 601 which adds time and money to the process

[Mason_Stellar 2]

because of the nature of this case, is it possible that the immigration officer could throw a fraud or misrepresentation charge on us? is this winnable and can we unite in the us again?