Questions on Overstaying a previous Visa

[weareall1 0]

I was married back in November in Peru. Prior to our marrige my wife was in the USA on a work Visa and overstayed by 174 days. I have heard numerous versions from many different people as to what the consequences are...everything from under 180 days is just a slap on the wrist to a potential 5 year delay.

Does anyone have any facts on this? Is there anything written on the web about it? I have not had any luck.

Thanks in advance for any help and best wished on your journey!

[YuAndDan 153]

Yes 6 month overstay is a 3 year bar and 1 year overstay is a 10 year bar.

A waiver will be needed to be filed to overcome the overstay inadmissibility.

Visit the Waivers (I-601 and I-212) and Administrative Processes (221g) and pinned at the top is a guide.

(9) ALIENS PREVISOUSLY Removed.-

(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 Edited May 10, 2007 by YuAndDan

[desperate_heart 0]

I want to tell you about my case I hope this helps, I overstayed in USA for six months and I voluntarily departed from USA on 2000, If someone who overstayed more than 180 days but less than 1 year then that alien will be banned for 3 years to enter USA. I suggest you to you collect your arrival and departure documents to prove your overstay to the embassy at the time of your visa interview, this is very important because Embassy asked me to prove that I overstayed just for six months in USA. I proved them with my arrival and departure records at the embassy and I didnt need a waiver for my overstay. because the 3 year bar was already dismissed at the time of my visa interview in 2007. But I dont know your case, If your wife voluntarily departed from USA in last 3 years then I dont think she will need a waiver otherwise If she voluntarily departed from USA within 3 years then she may be need a waiver.

quote name='weareall1' date='May 10 2007, 02:08 PM' post='900239']

I was married back in November in Peru. Prior to our marrige my wife was in the USA on a work Visa and overstayed by 174 days. I have heard numerous versions from many different people as to what the consequences are...everything from under 180 days is just a slap on the wrist to a potential 5 year delay.

Does anyone have any facts on this? Is there anything written on the web about it? I have not had any luck.

Thanks in advance for any help and best wished on your journey!

[/quote

[desperate_heart 0]

I want to tell you about my case I hope this helps, I overstayed in USA for six months and I voluntarily departed from USA on 2000, If someone who overstayed more than 180 days but less than 1 year then that alien will be banned for 3 years to enter USA. I suggest you to you collect your arrival and departure documents to prove your overstay to the embassy at the time of your visa interview, this is very important because Embassy asked me to prove that I overstayed just for six months in USA. I proved them with my arrival and departure records at the embassy and I didnt need a waiver for my overstay. because the 3 year bar was already dismissed at the time of my visa interview in 2007. If your wife voluntarily departed from USAat least 3 years before then I dont think she will need a waiver otherwise If she voluntarily departed from USA within 3 years then she may be need a waiver.

I was married back in November in Peru. Prior to our marrige my wife was in the USA on a work Visa and overstayed by 174 days. I have heard numerous versions from many different people as to what the consequences are...everything from under 180 days is just a slap on the wrist to a potential 5 year delay.

Does anyone have any facts on this? Is there anything written on the web about it? I have not had any luck.

Thanks in advance for any help and best wished on your journey!

Edited May 10, 2007 by desperate_heart

[Singers 0]

But the above poster calculated the days to be <180 days so therefore would not fall under the 3 year ban. (By mere days it seems but it is still less than 180) Somebody correct me if I am wrong?

[kitkat1 5]

There is no ban for overstay under 180 days.

Be prepared with proof (plane ticket, boarding pass, dated receipts from your home country, etc.) that you left the country in under 180 days after your I-94 expiration date.

http://www.travel.state.gov/visa/frvi/inel...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