overstayed visa-waiver - can he go home?
Sep 15th 2002, 5:31 pm
#1
Guest
Posts: n/a
overstayed visa-waiver - can he go home?
Hello. My now husband overstayed his visa-waiver after being admitted into
the country on June 28, 2000. We applied for his greencard in mid-April
2001.
Up until now we always thought that, having overstayed his visa-waiver, if
he was to leave the U.S. and go back to Ireland and then try to re-enter the
U.S. that he would be refused admittance and not allowed back into the U.S.
for at least 5 years.
We know that, since then, the immigration and naturalization laws have
undergone some changes; we also heard that, due to the time bracket within
which we applied for the greencard, certain laws would be less severely
enforced upon him with regard to the visa-waiver overstay.
We'd really appreciate if anyone could clarify for us as to whether or not
he could leave the U.S. for a short visit home and re-enter the U.S. again
without any complications. Thank you very much.
Jessica
the country on June 28, 2000. We applied for his greencard in mid-April
2001.
Up until now we always thought that, having overstayed his visa-waiver, if
he was to leave the U.S. and go back to Ireland and then try to re-enter the
U.S. that he would be refused admittance and not allowed back into the U.S.
for at least 5 years.
We know that, since then, the immigration and naturalization laws have
undergone some changes; we also heard that, due to the time bracket within
which we applied for the greencard, certain laws would be less severely
enforced upon him with regard to the visa-waiver overstay.
We'd really appreciate if anyone could clarify for us as to whether or not
he could leave the U.S. for a short visit home and re-enter the U.S. again
without any complications. Thank you very much.
Jessica
Sep 16th 2002, 2:10 am
#2
Guest
Posts: n/a
Re: overstayed visa-waiver - can he go home?
Fiata wrote:
> Hello. My now husband overstayed his visa-waiver after being admitted into
> the country on June 28, 2000. We applied for his greencard in mid-April
> 2001.
> Up until now we always thought that, having overstayed his visa-waiver, if
> he was to leave the U.S. and go back to Ireland and then try to re-enter the
> U.S. that he would be refused admittance and not allowed back into the U.S.
> for at least 5 years.
> We know that, since then, the immigration and naturalization laws have
> undergone some changes; we also heard that, due to the time bracket within
> which we applied for the greencard, certain laws would be less severely
> enforced upon him with regard to the visa-waiver overstay.
> We'd really appreciate if anyone could clarify for us as to whether or not
> he could leave the U.S. for a short visit home and re-enter the U.S. again
> without any complications. Thank you very much.
> Jessica
If he has overstayed the recommendation I've read here is not to leave
the US until he has the I-551 stamp in his passport. I'm not sure what
you mean by "less severely" enforced laws. These days they are more
likely to be enforced, not less, and there is no degree of severity.
> Hello. My now husband overstayed his visa-waiver after being admitted into
> the country on June 28, 2000. We applied for his greencard in mid-April
> 2001.
> Up until now we always thought that, having overstayed his visa-waiver, if
> he was to leave the U.S. and go back to Ireland and then try to re-enter the
> U.S. that he would be refused admittance and not allowed back into the U.S.
> for at least 5 years.
> We know that, since then, the immigration and naturalization laws have
> undergone some changes; we also heard that, due to the time bracket within
> which we applied for the greencard, certain laws would be less severely
> enforced upon him with regard to the visa-waiver overstay.
> We'd really appreciate if anyone could clarify for us as to whether or not
> he could leave the U.S. for a short visit home and re-enter the U.S. again
> without any complications. Thank you very much.
> Jessica
If he has overstayed the recommendation I've read here is not to leave
the US until he has the I-551 stamp in his passport. I'm not sure what
you mean by "less severely" enforced laws. These days they are more
likely to be enforced, not less, and there is no degree of severity.
Sep 16th 2002, 2:13 am
#3
Guest
Posts: n/a
Re: overstayed visa-waiver - can he go home?
"Fiata" <[email protected]> wrote in message
news:[email protected]
alltel.net...
> Hello. My now husband overstayed his visa-waiver after being admitted into
> the country on June 28, 2000. We applied for his greencard in mid-April
> 2001.
> Up until now we always thought that, having overstayed his visa-waiver, if
> he was to leave the U.S. and go back to Ireland and then try to re-enter
the
> U.S. that he would be refused admittance and not allowed back into the
U.S.
> for at least 5 years.
It's 3 years, not 5. And the 3 years would start the date he *departs* the
U.S.
> We know that, since then, the immigration and naturalization laws have
> undergone some changes; we also heard that, due to the time bracket within
> which we applied for the greencard, certain laws would be less severely
> enforced upon him with regard to the visa-waiver overstay.
No.
Paulgani
news:[email protected]
alltel.net...
> Hello. My now husband overstayed his visa-waiver after being admitted into
> the country on June 28, 2000. We applied for his greencard in mid-April
> 2001.
> Up until now we always thought that, having overstayed his visa-waiver, if
> he was to leave the U.S. and go back to Ireland and then try to re-enter
the
> U.S. that he would be refused admittance and not allowed back into the
U.S.
> for at least 5 years.
It's 3 years, not 5. And the 3 years would start the date he *departs* the
U.S.
> We know that, since then, the immigration and naturalization laws have
> undergone some changes; we also heard that, due to the time bracket within
> which we applied for the greencard, certain laws would be less severely
> enforced upon him with regard to the visa-waiver overstay.
No.
Paulgani
Sep 16th 2002, 2:26 am
#4
BE Enthusiast
Joined: Jul 2002
Location: Melbourne Fl
Posts: 458
Re: overstayed visa-waiver - can he go home?
Originally posted by Fiata:
Hello. My now husband overstayed his visa-waiver after being admitted into
the country on June 28, 2000. We applied for his greencard in mid-April
2001.
Up until now we always thought that, having overstayed his visa-waiver, if
he was to leave the U.S. and go back to Ireland and then try to re-enter the
U.S. that he would be refused admittance and not allowed back into the U.S.
for at least 5 years.
We know that, since then, the immigration and naturalization laws have
undergone some changes; we also heard that, due to the time bracket within
which we applied for the greencard, certain laws would be less severely
enforced upon him with regard to the visa-waiver overstay.
We'd really appreciate if anyone could clarify for us as to whether or not
he could leave the U.S. for a short visit home and re-enter the U.S. again
without any complications. Thank you very much.
Jessica
Hello. My now husband overstayed his visa-waiver after being admitted into
the country on June 28, 2000. We applied for his greencard in mid-April
2001.
Up until now we always thought that, having overstayed his visa-waiver, if
he was to leave the U.S. and go back to Ireland and then try to re-enter the
U.S. that he would be refused admittance and not allowed back into the U.S.
for at least 5 years.
We know that, since then, the immigration and naturalization laws have
undergone some changes; we also heard that, due to the time bracket within
which we applied for the greencard, certain laws would be less severely
enforced upon him with regard to the visa-waiver overstay.
We'd really appreciate if anyone could clarify for us as to whether or not
he could leave the U.S. for a short visit home and re-enter the U.S. again
without any complications. Thank you very much.
Jessica
I am not a lawer, this reply is based purely on personal experience and knowledge gained from reading various posts on newsgroups. Please do not treat it as 100% accurate. IT MAY BE WRONG!!
