How can I check if I'm banned from re-entering the USA?

[Crazy Cat 41,814]

2 minutes ago, MissMarvel said:

Does the fact that I was married although I didn't file the adjustment of status application counts in my favor?

Out of status = out of status...married or not. Marriage, in itself, confers no legal status.

[Mike E 11,739]

4 minutes ago, MissMarvel said:

I guess the embassy will not reference the USCIS documents but make their own evaluation separately from what's on USCIS files?

yes. 
 

Quote

 

Does the fact that I was married although I didn't file the adjustment of status application counts in my favor? 

I don’t believe so.  Logically if it were so, people would file I-485 all the time to cure a ban, and then immediately withdraw.   A consultation with a lawyer licensed for U.S. immigration law will confirm.  

[MissMarvel 8]

1 minute ago, Mike E said:

yes. 
 

I don’t believe so.  Logically if it were so, people would file I-485 all the time to cure a ban, and then immediately withdraw.   A consultation with a lawyer licensed for U.S. immigration law will confirm.  

Well then, if the USCIS made a mistake in the Acknowledgment of withdrawal document it's clear it's a 10 year ban. And here I was thinking they don't make mistakes  Thank you for your help! 

[Mike E 11,739]

Just now, MissMarvel said:

And here I was thinking they don't make mistakes

😂

[MissMarvel 8]

5 minutes ago, Crazy Cat said:

Out of status = out of status...married or not. Marriage, in itself, confers no legal status.

That's what I thought, the answers I got on this website gave me clarity. I guess my friends from USA will have to travel to Europe then 

[MissMarvel 8]

4 minutes ago, Mike E said:

😂

You live and you learn 😀 Thank you for your help!

[mari04 100]

Based on the information provided, it is impossible to even take a guess with any precision. Any advice that you will get here is incorrect because it is made based on insufficient information. It is pure speculation. 

[Sm1smom 250]

3 hours ago, MissMarvel said:

My authorised stay was definitely not longer than 2 years, which I guess mean USCIS made a mistake in my Acknowledgment of withdrawal document by saying I was lawfully present. I guess the embassy will not reference the USCIS documents but make their own evaluation separately from what's on USCIS files?

 

Does the fact that I was married although I didn't file the adjustment of status application counts in my favor? Again, I'm aware that's considered out of status but just wondering why would USCIS write that in the Acknowledgment of withdrawal document.

No, USCIS did not make a mistake by saying you were lawfully present. Being lawfully present does not equate to NOT being out of status. It is possible to be lawfully present and out of status at the same time. 
 

You were deemed lawfully present because you were lawfully admitted into the US. You did not enter the country illegally, hence the note about your being lawfully present. 
 

You however were out of status in view of the fact that you overstayed your authorized stay as shown on your I-94 when you were admitted into the country. You therefore were out of status from Sept. 2015 until Feb. 2020, which is over 3 years of being OOS, that means you’re facing a 10 year bar (effective following your departure) from the US.

[MissMarvel 8]

3 hours ago, Sm1smom said:

No, USCIS did not make a mistake by saying you were lawfully present. Being lawfully present does not equate to NOT being out of status. It is possible to be lawfully present and out of status at the same time. 
 

You were deemed lawfully present because you were lawfully admitted into the US. You did not enter the country illegally, hence the note about your being lawfully present. 
 

You however were out of status in view of the fact that you overstayed your authorized stay as shown on your I-94 when you were admitted into the country. You therefore were out of status from Sept. 2015 until Feb. 2020, which is over 3 years of being OOS, that means you’re facing a 10 year bar (effective following your departure) from the US.

Thank you for your answer!

 

From my understanding, if I have a pending petition with USCIS it doesn’t fall into overstay as I’m adjusting my status. If that’s the case, the total length of my overstay is about 2.5 years which still falls under the 10 year ban.

 

I’ve read this paragraph on a reputable website that provides information about visa overstays and was confused: 

 

Visa overstays may be barred from returning to the U.S. for ten years or three years depending on the period of overstay or “unlawful presence”.

 

I understood that they define overstay as unlawful presence. 
 

 

 

 

[Family 3,988]

6 hours ago, MissMarvel said:

Well then, if the USCIS made a mistake in the Acknowledgment of withdrawal document it's clear it's a 10 year ban. And here I was thinking they don't make mistakes  Thank you for your help! 

Anything over one year of ULP ( unlawful presence ) is 10 years..you clearly clocked 365 days between  Sept 2015 to April 2017.

But since you not only overstayed but also expressed immigrant intent by marrying a USC and filing AOS ..a non immigrant visa of any kind is not in future even after the ban expires.

[MissMarvel 8]

4 minutes ago, Family said:

Anything over one year of ULP ( unlawful presence ) is 10 years..you clearly clocked 365 days between  Sept 2015 to April 2017.

But since you not only overstayed but also expressed immigrant intent by marrying a USC and filing AOS ..a non immigrant visa of any kind is not in future even after the ban expires.

Thanks for your feedback! I was simply a youngster in love but I can see how that entire situation can be perceived in the eyes of the law. My friends can visit in Europe  

 

 

 

 

 

 

 

[Sm1smom 250]

1 hour ago, MissMarvel said:

Thank you for your answer!

 

From my understanding, if I have a pending petition with USCIS it doesn’t fall into overstay as I’m adjusting my status. If that’s the case, the total length of my overstay is about 2.5 years which still falls under the 10 year ban.

 

I’ve read this paragraph on a reputable website that provides information about visa overstays and was confused: 

 

Visa overstays may be barred from returning to the U.S. for ten years or three years depending on the period of overstay or “unlawful presence”.

 

I understood that they define overstay as unlawful presence. 
 

 

 

 

Because of the fact that you withdrew your pending AOS application, your overstay dates back to when your I-94 expired. That makes the OOS well over 3 years, not 2.5 years. The overstay between when your I-94 expired and when you filed for AOS wouldn’t have mattered because you filed as the spouse of a USC if you hadn’t withdrawn the I-485 and the petition was approved. The fact about the pending petition becomes irrelevant due to the withdrawn petition and therefore the OOS period dates back to the I-94 expiration date. 

[Cathi 5,746]

Apply for a visa and they will give you an exact answer on how long you're banned.