Out Of Status

[WifeOHunkyJohn 2]

For most aliens other than Canadian visitors or visitors with Border Crossing Cards, admission or parole is reflected on the Form I-94 Arrival-Departure Record issued by an INS inspector to every alien who enters the US. The INA lists2 classes of aliens who are not eligible for adjustment of status, including those who entered the US illegally, have worked in the US without authorization (or with expired authorization), and/or have failed to continuously maintain lawful status since entry.[source]

It goes on to talk about the 3 year and 10 year ban.

Relationship of 3- and 10-year bars to admissibility on Section 245(i)

The Illegal Immigration and Reform and Immigrant Responsibility Act (IIRIRA) enacted in September 1996 provided that an alien who accumulates between 6 months and 1 year of unlawful presence in the US after April 1, 1997, becomes inadmissible for 3 years if (s)he subsequently leaves the US. Even if an alien who had become subject to a bar were to obtain a visa at a consulate, (s)he would not be admitted into the US upon arrival. Similarly, an alien who accumulates one year or longer of unlawful presence becomes inadmissible for 10 years.

[pushbrk 12,883]

For most aliens other than Canadian visitors or visitors with Border Crossing Cards, admission or parole is reflected on the Form I-94 Arrival-Departure Record issued by an INS inspector to every alien who enters the US. The INA lists2 classes of aliens who are not eligible for adjustment of status, including those who entered the US illegally, have worked in the US without authorization (or with expired authorization), and/or have failed to continuously maintain lawful status since entry.[source]

It goes on to talk about the 3 year and 10 year ban.

Relationship of 3- and 10-year bars to admissibility on Section 245(i)

The Illegal Immigration and Reform and Immigrant Responsibility Act (IIRIRA) enacted in September 1996 provided that an alien who accumulates between 6 months and 1 year of unlawful presence in the US after April 1, 1997, becomes inadmissible for 3 years if (s)he subsequently leaves the US. Even if an alien who had become subject to a bar were to obtain a visa at a consulate, (s)he would not be admitted into the US upon arrival. Similarly, an alien who accumulates one year or longer of unlawful presence becomes inadmissible for 10 years.

Yes, the 3 and 10 year bans are applicable to some overstays. They just aren't applicable to all. That's why I said "Many overstays are forgiven". For instance, you'll notice no ban applies to those with overstays less than six months. Also, overstays are almost always forgiven in cases where the alien has a bona fide marriage to a USC.

[truffles 2]

I just want to thank everyone for their replies - i appreciate all the information and it is good to see that people can share effectively - these boards are so constructive and people are a mine of information - usually from either personal experiences or a talent for attention to details. You guys and gals are great! Where uscis are concerned detail is important !

Kudos to everyone who posted - i feel better about my situation.

Good luck to you all in your journey