Jadesam

Hi all,
I need some clarification as to when a 10yr ban would start. The situation was that I resided in the States since the age of 10 with my parents. They separated and then resided with my mum. She applied for asylum and I was included on the application. She wasnt a UK citizen but I was. Either way, when I turned 20, I departed the US but later returned on the VWP. I ended up overstaying in 2001 for just over 1yr. I know the penalty for overstay is 10yrs but should the start of ban be counted from the first time I left the US (in 2000, 2 yrs after my 18th birthday) or the time I overstsayed on the VWP?

jeffreyhy

Js,

From the date that you left the USA having incurring the out-of-status time.

Regards, JEff

Jadesam

So despite the fact that i ignorantly reentered on the vwp, i can consider the ban to have started from 2 Feb 2000 (or thereabouts), the day i first departed from the US? (Apologies if it seems i'm asking the same thing twice, its just that i want to be clear.) Can anyone point me to the related legal statute to confirm this?

Thanks

lansbury

I read your question as you overstayed by more than a year when you last entered on the VWP. If that is the case the ban starts from the day you left from your overstay in 2001.

Perhaps your question would be clearer if you gave the dates when you entered and left under the VWP.

Jadesam

Dates are approximate:
Left US on 5 Feb 2000, returned on VWP 12 Feb 2002; Left again in May 2000, returned on 10 January 2001; left on 10 May 2002, returned 23 December 2002; and then from then onwards, travelled about twice a year until 2007, staying a maximum of 2weeks each time.

lansbury

Well I think and I am not a lawyer that the ban started when you left 10 May 2002 and the 10 year ban would have ended 10 May 2012. However as you entered on the VWP and overstayed you were no longer allowed to use the VWP to enter again. The fact you did, and entered the US when banned may have triggered a much more serious ban.

If you just want to visit the US for a vacation you will need a visa if/when the ban ends. If you want to come and live in the US you need a lawyer.

Bob

Just curious, but how were you able to use the VWP to re-enter the US?

Jadesam

I simply presented my passport and filled out the vwp form upon arrival. Understand that i was completely oblivious to the overstay, firstly because I thought our lawyer was handling our case properly and didnt give it much thought. Secondly, my life at the time was my coursework and gave little thought to immigration issues. Having lived in the US since the age of 10, I didnt see myself as an immigrant. I probably know more about the US than many who have citizenship in the country. Anyhow, that's besides the point - I was ignorant of the law and acted accordingly. Quite frankly, if not for the fact that my closest family live in the States, I wouldnt be that bothered but being separated from my husband and mother is just a big price to pay. Afterall, we do not live forever and time is precious.

Ginblossom

Then you can expect to wait a long time.

As you have found out legal ignorance is no defense. They may never let you in again.

fatbrit

A waiver is available if husband is USC. Will need either a lawyer or an awful lot of research.

ian-mstm

The reason doesn't matter... it only matters that you had an overstay.


I understand, but this doesn't matter.


... and this is irrelevant.


It is a huge price to pay... but pay you must.


Yup!

At any rate... one of the important questions is: what happened to the asylum application?

With respect to the ban, regardless of when it happened, you entered the US afterwards, when you were clearly not eligible - regardless of whether you knew or not. In a nutshell, you made a bad situation worse - and you've likely gone from a 10-year ban from the US for the overstay, to a permanent ban for ignoring the initial ban (again, whether you knew or not doesn't really matter).

If you are currently inside the US - stay there. Do *NOT* leave the US under any circumstances whatsoever until such time as you have a green card *IN* your hand. If you are currently outside the US, you need to talk to an immigration attorney before taking any other action - this is *NOT* a do-it-yourself project and you have one major issue piled on top of another major issue.

Ian

Jadesam

thx Ian forr your feedback.

Rete

Your husband lives in the US?

I do not know the answer to your question. It is interesting that a ban never kicked in when you initially left the US. I don't know if you had a passport at the age of 10 when you arrived the first time in the US. If you didn't, then you didn't have an I-94 to turn in upon departure and might be one of the reasons why a ban was not enforced. That's only speculation on my part, however.

Are you planning on emigrating to the US to be with your husband?

scrubbedexpat099

I wonder what ESTA says.

If you intend to immigrate then all the dates will be disclosed.

Overstay and Misrep issues.

Jadesam

Well I know that they are aware of all the dates I travelled to the US since my first arrival at the age of 10 and yes it was my intention to immigrate to the US. At the moment, the official stance, i.e. letter for USCIS/Homeland Security, is that I am allowed to apply for a visa in 2012, 10yrs post the overstay in 2002. I was simply wondering why the ban wasn't counted from my first departure in 2000.
Thanks