Help with DS260
#1
Forum Regular
Thread Starter
Joined: Jul 2013
Posts: 61
Help with DS260
Hi all,
Just an update before I ask my question, the update is not completely detailed but I have outlined the main parts of my visa journey:
Sept 2013- I-130 filed
6th jan 2014 - I-130 approved and sent to NVC
28th Jan 2014 - NVC sent AOS fee, paid on same day
3rd Feb 2014 - AOS Papers sent to NVC by express mail
So I am so happy that things are finally moving as I have been away from my husband for what seems like a lifetime. And he is very unwell at present and needs me with him.
Okay back to it, I know pretty soon I will have to complete the DS260. I previously overstayed on a VWP after I got married. I overstayed between 107 to 112 days approx, but definitely not more than 180 days. My husband and i purchased tickets to go on our honeymoon and when exiting the united states, I was pulled aside and told I can not return for 10 years and banned from using the VWP again. Okay, now if you have read my previous threads you will find a lot of people replied asking if I am sure I was banned etc, yes I am sure, they drew up paperwork for me at the airport saying I overstayed and cannot use the VWP again and the paperwork said I have a 10 year ban. I don't understand it but that's what happened. Anyway,there is a part on the DS260 that asks to tick the yes or no box, and this is the question below:
An alien who was previously ordered removed within the last 5 years or ordered removed a second time within the last 20 years; who was previously unlawfully present and ordered removed within the last 10 years or ordered removed a second time within the last 20 years; who was convicted of an aggravated felony and ordered removed; who was
previously unlawfully present in the United States for more than 180 days but less than one year who voluntarily departed within the last 3 years; or who was unlawfully present for more than one year or an aggregate of one year within the last 10 years.
So I am guessing I have to tick yes for this, because I my paperwork says ordered removed, even though I was not detained.
So will my DS260 be denied because I overstayed on VWP? Or will they advise me of their decision at my interview? I had posted up something previously and one user said that my immigrant visa would OVER RIDE the VWP overstay I had. Is this true? Or would they deny me and then I apply for a waiver? How does this work?
I appreciate the help and time you give to answer the question, if you want to read more about when I exited the USA and got pulled up, please read my previous thread. Right now, I just want to know what effect my overstay will have on my DS260 and whether or not an approved Immigrant visa over rides the VWP overstay. And also what are the chances of me being denied and then told to apply for a waiver.
P.S I have not criminal convictions or arrests and I am a British citizen living in London.
Just an update before I ask my question, the update is not completely detailed but I have outlined the main parts of my visa journey:
Sept 2013- I-130 filed
6th jan 2014 - I-130 approved and sent to NVC
28th Jan 2014 - NVC sent AOS fee, paid on same day
3rd Feb 2014 - AOS Papers sent to NVC by express mail
So I am so happy that things are finally moving as I have been away from my husband for what seems like a lifetime. And he is very unwell at present and needs me with him.
Okay back to it, I know pretty soon I will have to complete the DS260. I previously overstayed on a VWP after I got married. I overstayed between 107 to 112 days approx, but definitely not more than 180 days. My husband and i purchased tickets to go on our honeymoon and when exiting the united states, I was pulled aside and told I can not return for 10 years and banned from using the VWP again. Okay, now if you have read my previous threads you will find a lot of people replied asking if I am sure I was banned etc, yes I am sure, they drew up paperwork for me at the airport saying I overstayed and cannot use the VWP again and the paperwork said I have a 10 year ban. I don't understand it but that's what happened. Anyway,there is a part on the DS260 that asks to tick the yes or no box, and this is the question below:
An alien who was previously ordered removed within the last 5 years or ordered removed a second time within the last 20 years; who was previously unlawfully present and ordered removed within the last 10 years or ordered removed a second time within the last 20 years; who was convicted of an aggravated felony and ordered removed; who was
previously unlawfully present in the United States for more than 180 days but less than one year who voluntarily departed within the last 3 years; or who was unlawfully present for more than one year or an aggregate of one year within the last 10 years.
So I am guessing I have to tick yes for this, because I my paperwork says ordered removed, even though I was not detained.
So will my DS260 be denied because I overstayed on VWP? Or will they advise me of their decision at my interview? I had posted up something previously and one user said that my immigrant visa would OVER RIDE the VWP overstay I had. Is this true? Or would they deny me and then I apply for a waiver? How does this work?
I appreciate the help and time you give to answer the question, if you want to read more about when I exited the USA and got pulled up, please read my previous thread. Right now, I just want to know what effect my overstay will have on my DS260 and whether or not an approved Immigrant visa over rides the VWP overstay. And also what are the chances of me being denied and then told to apply for a waiver.
P.S I have not criminal convictions or arrests and I am a British citizen living in London.
#2
Re: Help with DS260
No, not because of that.
They will discuss this with you at your interview. Bring ALL relevant paperwork with you to the interview.
Yes.
Your VWP overstay is not a huge deal right now. Your Immigrant Visa overrides that, since it was under 180 days. What is confusing is that someone put you down for a 10-year ban, which does not apply to someone who overstays less than 180 days. THAT is the confusing part, and that's the part that will come up for discussion at your interview. It's doubtful you even have a 10-year ban in the first place, even if they wrote something like that on your paperwork.
Rene
Or will they advise me of their decision at my interview?
I had posted up something previously and one user said that my immigrant visa would OVER RIDE the VWP overstay I had. Is this true?
Or would they deny me and then I apply for a waiver? How does this work?
Rene
#3
Re: Help with DS260
I was just reading your other thread, and you worded it differently over there. What you said there was "they banned me from using the VWP for 10 years". Well, yes...you actually are banned from using the VWP forever.
You do not have a ban in place of the type you are thinking of (3 yrs or 10 yrs), related to your overstay. You simply can't use the VWP anymore, which you don't need anyway, now that you're getting an Immigrant Visa.
Rene
You do not have a ban in place of the type you are thinking of (3 yrs or 10 yrs), related to your overstay. You simply can't use the VWP anymore, which you don't need anyway, now that you're getting an Immigrant Visa.
Rene
#4
Forum Regular
Thread Starter
Joined: Jul 2013
Posts: 61
Re: Help with DS260
No, not because of that.
They will discuss this with you at your interview. Bring ALL relevant paperwork with you to the interview.
Yes.
Your VWP overstay is not a huge deal right now. Your Immigrant Visa overrides that, since it was under 180 days. What is confusing is that someone put you down for a 10-year ban, which does not apply to someone who overstays less than 180 days. THAT is the confusing part, and that's the part that will come up for discussion at your interview. It's doubtful you even have a 10-year ban in the first place, even if they wrote something like that on your paperwork.
Rene
They will discuss this with you at your interview. Bring ALL relevant paperwork with you to the interview.
Yes.
Your VWP overstay is not a huge deal right now. Your Immigrant Visa overrides that, since it was under 180 days. What is confusing is that someone put you down for a 10-year ban, which does not apply to someone who overstays less than 180 days. THAT is the confusing part, and that's the part that will come up for discussion at your interview. It's doubtful you even have a 10-year ban in the first place, even if they wrote something like that on your paperwork.
Rene
None the less, thank you for your time and answers.
One love
#5
Re: Help with DS260
Thank you Noorah101, I appreciate your answers. I too am confused at to why they put 10year ban on my paperwork. After a consultation with an immigration attorney, she advised me what they put it on the paperwork was incorrect. When I asked the officer at the airport why I received a ten year ban she indicated to me she counted the days from the first day I entered the USA and not from the day I was supposed to leave. I arrived on 9th August 2012 and my stamp permitted me to the 4th November 2012, which is 90 days. I stayed in the USA until the 19th February 2013. So from 4th November 2012 to the 19th February 2013 is less than 180 days. But the officer calculated from 9th August 2012 to the 19th February 2013. It had me baffled and still has.
You should not encounter any problems at your immigrant visa interview.
Rene
#6
Re: Help with DS260
I also don't think you were actually "ordered removed". I think you were just denied entry at the POE.
But either way, bring paperwork to the interview and the ConOff will discuss with you, and will take care of it.
Rene
But either way, bring paperwork to the interview and the ConOff will discuss with you, and will take care of it.
Rene
#7
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Help with DS260
Ian
#8
Forum Regular
Thread Starter
Joined: Jul 2013
Posts: 61
Re: Help with DS260
I was just reading your other thread, and you worded it differently over there. What you said there was "they banned me from using the VWP for 10 years". Well, yes...you actually are banned from using the VWP forever.
You do not have a ban in place of the type you are thinking of (3 yrs or 10 yrs), related to your overstay. You simply can't use the VWP anymore, which you don't need anyway, now that you're getting an Immigrant Visa.
Rene
You do not have a ban in place of the type you are thinking of (3 yrs or 10 yrs), related to your overstay. You simply can't use the VWP anymore, which you don't need anyway, now that you're getting an Immigrant Visa.
Rene
On the paperwork I have for the airport on the day I was leaving for my honeymoon, it says:
You have been found to be in admissible to the United States under the provisions of section 212(a) of the immigration and nationality act or deportable under the provisions of section 237 of the act as a visa waiver pilot program violator. In accordance with the provisions of section 212(a)(9) of the act, you are prohibited from entering, attempting to enter or being in the United States
Then of the option below that this box is ticked and says:
For a period of 10 years from the date of your departure from the United States as a consequence of your having been ordered removed in proceedings under any section of the act other than section 235(b)(1) or 240 or of being ordered excluded under section 236 of the act in proceedings commenced prior to April 1, 1997.
And then they asked me a series of questions and I answered and they gave me a transcript of the questions, and these were one of the questions:
Q- you are no longer eligible to enter the United States using the visa waiver program and must obtain a visa with a waiver on all grounds if in admissibility for any future trips to the United States. Do You understand?
I answered yes.
#9
Re: Help with DS260
On the paperwork I have for the airport on the day I was leaving for my honeymoon, it says:
You have been found to be in admissible to the United States under the provisions of section 212(a) of the immigration and nationality act or deportable under the provisions of section 237 of the act as a visa waiver pilot program violator. In accordance with the provisions of section 212(a)(9) of the act, you are prohibited from entering, attempting to enter or being in the United States
Then of the option below that this box is ticked and says:
For a period of 10 years from the date of your departure from the United States as a consequence of your having been ordered removed in proceedings under any section of the act other than section 235(b)(1) or 240 or of being ordered excluded under section 236 of the act in proceedings commenced prior to April 1, 1997.
And then they asked me a series of questions and I answered and they gave me a transcript of the questions, and these were one of the questions:
Q- you are no longer eligible to enter the United States using the visa waiver program and must obtain a visa with a waiver on all grounds if in admissibility for any future trips to the United States. Do You understand?
I answered yes.
You have been found to be in admissible to the United States under the provisions of section 212(a) of the immigration and nationality act or deportable under the provisions of section 237 of the act as a visa waiver pilot program violator. In accordance with the provisions of section 212(a)(9) of the act, you are prohibited from entering, attempting to enter or being in the United States
Then of the option below that this box is ticked and says:
For a period of 10 years from the date of your departure from the United States as a consequence of your having been ordered removed in proceedings under any section of the act other than section 235(b)(1) or 240 or of being ordered excluded under section 236 of the act in proceedings commenced prior to April 1, 1997.
And then they asked me a series of questions and I answered and they gave me a transcript of the questions, and these were one of the questions:
Q- you are no longer eligible to enter the United States using the visa waiver program and must obtain a visa with a waiver on all grounds if in admissibility for any future trips to the United States. Do You understand?
I answered yes.
When my fiance was applying for his K-1 visa, we weren't sure if he'd ever been arrested or not...he had one problem once, but it wasn't clear whether it was an "arrest" or not, so he checked "yes" just in case. After the ConOff reviewed his police report and asked him about the incident, she took a red pen in hand, crossed out our "yes", and wrote "NO".
Rene
#12
Forum Regular
Thread Starter
Joined: Jul 2013
Posts: 61
Re: Help with DS260
OK. I'm not a lawyer so I don't understand all the codes in there, but either way, it won't hurt to check "yes" on the DS-260. The ConOff can always change it or disregard it.
When my fiance was applying for his K-1 visa, we weren't sure if he'd ever been arrested or not...he had one problem once, but it wasn't clear whether it was an "arrest" or not, so he checked "yes" just in case. After the ConOff reviewed his police report and asked him about the incident, she took a red pen in hand, crossed out our "yes", and wrote "NO".
Rene
When my fiance was applying for his K-1 visa, we weren't sure if he'd ever been arrested or not...he had one problem once, but it wasn't clear whether it was an "arrest" or not, so he checked "yes" just in case. After the ConOff reviewed his police report and asked him about the incident, she took a red pen in hand, crossed out our "yes", and wrote "NO".
Rene