my father is english, with a uk passport,
he bought a house in lake havasu,AZ in 2006 for a holiday home,
never never used it and decided to sell it in 2007, he flew over for the first time and tried selling it, with him being 72, he over stayed for 16 months while trying to sell the house, but once it was sold he left voluntary
paid all the taxes as you do,
anyway i am getting married in california and we tried him on the VWP, no avail, so contacted us embassy in london set up a appointment, now
from reading all the different, posts, im sort of worried that he is banned?
am i right? we do have a interview with someone in april, so i mean if he is banned wouldnt they just tell us over the phone and save someone who had a stroke the hassle of coming down from liverpool?
Cheers
Oliver

180 days - less than a year of overstay carries a 3 year ban on re-entry. A year or more carries a 10 year bar on re-entry. The ban starts the day of departure from US.

Whether he has a 10 or 3 year bar (or none at all) depends on how long he stayed past the expiration date on his I-94 or I-94W, and what status he was actually admitted in, which you don't state. (VWP, B2 or some other visa which actually allowed him to stay for the period of time he was here)

Assuming he entered on the VWP in 2007 and stayed for 16 months past the expiration date on his I-94W, he would have a 10 year ban. He would also not be able to use the VWP again. He will need a B2 visa if he wishes to visit in order to attend your wedding, and probably a non-immigrant waiver to overcome the ban. How successful this approach will be, is determined by the specifics of what actually occurred.

He might wish to consult with a qualified immigration attorney who practise US immigration law for a complete review and advise on how to proceed.

He has said he came over on the little green landing pass thing,
so with out getting technical he has a 10 year ban, now what does that mean, i only ask becuase you say you can get such a such visa to over come that?

Surely a plane would have been more comfortable?

When someone is given a ban on reentry, that person is not allowed to enter the United States until the ban is spent outside the United States. Some inadmissibilities can be overcome with a waiver, others can not.

I general, a person applies for a visa and goes to the consulate for a visa interview. If the person is found inadmissible, the visa will be denied. If eligible to do so, the person would then submit an appropriate waiver to overcome the inadmissibility. If the waiver is approved, the person may be granted a visa. Processing time can be anywhere from a few minutes to years, depending on individual circumstances of each case.

It should be noted that a visa is not a guarantee that someone will be allowed to enter the United States, the CBP officer at the point of entry has the final say on that.

In your initial post you mentioned you are planning to get married in California. You did not mention your or your fiancee's immigration status, if any of you are US Citizens, if you are inside or outside the US now, or what your plans are after the wedding as to where you are going to reside.

The answer to those questions will determine if you need to secure an appropriate visa for yourself and/or your fiancee prior to the wedding in order to avoid finding yourselves facing issues similar to your father's.

No, they really don't care. If he makes an application, they'll take the money, process it, and then reject him.

He's got a 10-year ban. Generally, his visits to the US are over unless you want an awful lot of hassle and expense with no guarantee of the outcome.

i am looking for a form I-887 any place to get that?

What is it? I tried google, but only came up with 887 as it pertains to Australian immigration:

http://www.immi.gov.au/skilled/gener...-applicant.htm

What is Form I-887 for, regarding the USA?

Rene

Yeah, my father overstayed as said above,
he travelled to the states with me but was denied entry
so we came back to the uk and are filling out paper VCU-1 form
which i have completed, but it asked for a turn around paper, that is labled as I-887, the only thing they gave my dad was a paper saying he couldnt use the VWP and if he wanted to return he needed a tourist visa, they never said anything about being band, unlike what people have wrote above this, im getting mixed information regarding all this and its a pain in the ass,
Do you know if i have to fill out form I-887?

Huh? Are you at the airport in the US with him now?!?

Haha No, this was back in January,
I am So confused, and doing this on my own as he is 72,
What im trying to figure out is, if paid a fee to have a visa
appointment for him, and they have asked me to fill out VCU-1
which i have, What i want to know is what is Form I-877,
im about to send the scanned Documents off for him,

All this is For him only as i Have no Problem getting in and out,
I spoke to the CBP SCO, and he said my father would not be banned,
but seems as if every tom dick and harry are saying that is not True,

Any help would be great fella
Cheers
Oliver

From the information you've given us, he's banned for 10 years.

Sorry to be the bearer of bad news, but eventually you'll accept that father is not travelling to the US on a non-immigrant visa anywhere in the near future. An estimate from your dates shows it's little more than a year since he overstayed for 18 months. Then we have a denied entry at the border (you give no details so no-one knows how serious this could be) and to top it all possible immigrant intent if his son is planning to live in the US. Not going to happen.

You had the form number wrong before.

Form I-877 isn't something YOU fill out. It's something your dad would have received when he was denied entry.

http://www.usembassy.org.uk/cons_new...d_refused.html

A copy of the Form I-877 given to you by the CBP officer when denied entry into the United States

Rene

I think you would be well advised to consult a qualified immigration attorney as I can see a real risk of this getting messed up and a lot of $$$ being wasted on wrongly filed applications.

This can be done via email and/or telephone with a US based lawyer. Check the aila website for names.

First off i never said anything about living there,
i am getting married there,
and if you read the first post you would have seen that it said he had over stayed due, to selling his house he bought