DENIED!!!

[Annie+Mike 0]

Well as the title suggests I got denied my visa stated that I had overstayed! I assumed that every person had a 90 day amnesty and that the overstaying started on the 91st day!!

Anyway I just got told that I am banned from the states for 10 years!!!

He did give me a I-601 form for a waiver-- does anyone know about this process and how successful it is??

PLEASE HELP!!!!

[TracyTN 237]

Oh gosh. I'm very sorry to hear that. How long was your overstay?

You'll probably get better information by reading and posting questions in the waivers forum:

http://www.visajourney.com/forums/index.php?showforum=113

[YuAndDan 153]

If your overstay was less than a year, then it should not be a 10 year bar.

10 years it the penalty for overstay of 1 year or more. 180 days to a year is 3 year bar, if you overstayed by 90 days this should not warrent such a bar.

You may have to file I-601 to get a waiver.

[LovinLiberia 0]

So sorry to hear about this situation. I hope you will be able to get the waiver approved and overcome the ban.

[Annie+Mike 0]

If your overstay was less than a year, then it should not be a 10 year bar.

10 years it the penalty for overstay of 1 year or more. 180 days to a year is 3 year bar, if you overstayed by 90 days this should not warrent such a bar.

You may have to file I-601 to get a waiver.

yes but i started counting my overstay AFTER the 90 days that I was there i.e. I entered the states on 7 nov 2002 and exited 3 feb 2004.

Because Irish people r intitled to a 90 day holiday visa I assumed that my overstay started after that?? i.e. 91 days in US would be 1 day of over staying?

Am I wrong???

[TomTom 0]

Your overstay began on 5 Feb 2003. Since you left the country on 3 Feb 2004, that's exactly 363 days of overstay -> 10 years ban

[featherB 1]

If your overstay was less than a year, then it should not be a 10 year bar.

10 years it the penalty for overstay of 1 year or more. 180 days to a year is 3 year bar, if you overstayed by 90 days this should not warrent such a bar.

You may have to file I-601 to get a waiver.

yes but i started counting my overstay AFTER the 90 days that I was there i.e. I entered the states on 7 nov 2002 and exited 3 feb 2004.

Because Irish people r intitled to a 90 day holiday visa I assumed that my overstay started after that?? i.e. 91 days in US would be 1 day of over staying?

Am I wrong???

So you were in the US for a total of 453 days, then (if I've worked it out properly).... which is an overstay of 363 days. So surely that should be a 3-year ban, not a 10-year one.... I think?! Did you manage to prove to the CO the exact dates you were in the US - I remember you saying before that you didn't have any evidence of when you entered & left the country. Sounds like they think you had over a year of overstay...?

[Melyssa 0]

oops I misread something, sorry...

Edited July 19, 2007 by Melyssa

[TomTom 0]

No offense, if you break the laws then you have to live with the consequences. You're lucky that you have the possibility to use a waiver, but generally speaking this is what everybody deserves for staying illegally.

[TracyTN 237]

If your overstay was less than a year, then it should not be a 10 year bar.

10 years it the penalty for overstay of 1 year or more. 180 days to a year is 3 year bar, if you overstayed by 90 days this should not warrent such a bar.

You may have to file I-601 to get a waiver.

yes but i started counting my overstay AFTER the 90 days that I was there i.e. I entered the states on 7 nov 2002 and exited 3 feb 2004.

Because Irish people r intitled to a 90 day holiday visa I assumed that my overstay started after that?? i.e. 91 days in US would be 1 day of over staying?

Am I wrong???

So you were in the US for a total of 453 days, then (if I've worked it out properly).... which is an overstay of 363 days. So surely that should be a 3-year ban, not a 10-year one.... I think?! Did you manage to prove to the CO the exact dates you were in the US - I remember you saying before that you didn't have any evidence of when you entered & left the country. Sounds like they think you had over a year of overstay...?

I thought if it was under a year, it was a 3 year bar; 10 year bar for a year or more. But, seeing as the OP is 2 days shy of a year, they may not be giving her the benefit of the doubt.

In this case, it may be beneficial to have the help of an immigration attorney when preparing the waiver.

[john_and_marlene 162]

had you ever overstayed, even for just a few days, besides this one time? Overstays are cumulative--you don't just count the longest overstay, you add them together.

[kitkat1 5]

There is no amnesty. There is a bit of leeway. If you overstay less than 180 days, you're home free.

Otherwise, 180-364 days = 3 year ban. More than 365 days, 10 year ban. In order for a 601 waiver to be approved, the USC has to prove extreme hardship to them, if the fiance/spouse's visa is ultimately denied and they are "forced" to relocate permanently to the fiance/spouse's country.

I would read the hardship letters and advice on the 601 forum on www.immigrate2us.net and www.**removed due to TOS** (all one word). Keep in mind that there are probably time restrictions regarding when you have to submit the hardship letter and evidence - usually 30 days.

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

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

[TimsDaisy 0]

If your overstay was less than a year, then it should not be a 10 year bar.

10 years it the penalty for overstay of 1 year or more. 180 days to a year is 3 year bar, if you overstayed by 90 days this should not warrent such a bar.

You may have to file I-601 to get a waiver.

yes but i started counting my overstay AFTER the 90 days that I was there i.e. I entered the states on 7 nov 2002 and exited 3 feb 2004.

Because Irish people r intitled to a 90 day holiday visa I assumed that my overstay started after that?? i.e. 91 days in US would be 1 day of over staying?

Am I wrong???

I still don't get the math on this or how even if you DID start counting at day 91 this would work out. Did you get the years right when you typed the above post?

I'm very sorry for your result, I know it must be heartbreaking.

[Annie+Mike 0]

If your overstay was less than a year, then it should not be a 10 year bar.

10 years it the penalty for overstay of 1 year or more. 180 days to a year is 3 year bar, if you overstayed by 90 days this should not warrent such a bar.

You may have to file I-601 to get a waiver.

yes but i started counting my overstay AFTER the 90 days that I was there i.e. I entered the states on 7 nov 2002 and exited 3 feb 2004.

Because Irish people r intitled to a 90 day holiday visa I assumed that my overstay started after that?? i.e. 91 days in US would be 1 day of over staying?

Am I wrong???

So you were in the US for a total of 453 days, then (if I've worked it out properly).... which is an overstay of 363 days. So surely that should be a 3-year ban, not a 10-year one.... I think?! Did you manage to prove to the CO the exact dates you were in the US - I remember you saying before that you didn't have any evidence of when you entered & left the country. Sounds like they think you had over a year of overstay...?

Yes I went up to them yesterday with all of the information that I had gotten from Aerlingus-- they say that it is a 10 year ban-- To be honest I am in chock and still confused!

had you ever overstayed, even for just a few days, besides this one time? Overstays are cumulative--you don't just count the longest overstay, you add them together.

No this is the only time that I over stayed

[TracyTN 237]

I would still consider getting the help of a competant immigration attorney, particularly if they are wrong about the 10 year (vs. 3 year) ban.