violetlux

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Duncan Roberts

It may be that you had a 10 year ban when you went back on the VWP and got in so may actually have a lifetime ban. You seem to be in a big pile of doo doo, you need a good lawyer.

There would also seem to be massive amounts of the story missing like how were you able to file an adjustment of status and what did you do in that 2 year overstay period. I'd probably just consider the US a no go country from now on.

fatbrit

+1

You can't really expect to keep crapping on the system and getting away with it. Plenty of other countries left in the world, though.

meauxna

What about your AOS application being abandoned? Or did you leave with Advance Parole in hand?

violetlux

If I had a 10 year ban, they wouldn't have let me in!

meauxna

And now they know. And may respond differently.

violetlux

What is the penalty for attempting to enter when you have a 10-yr ban? Remember, I am just assuming I could have a bar...all assumptions. There is no way apparently to know if you are barred or not. How could they penalize me further for something I don't even know is placed on me?

Duncan Roberts

Lifetime ban.

You are making a lot of assumptions like there is a list of banned people or they have to notify you when you are banned. If what you say is true it will come to their attention sooner or later that you have had an overstay, you used the VWP when you weren't eligible, you entered the US when you had a ban, you tried to apply for ESTA again even though you weren't meet eligibility criteria, you may possibly again try to enter whilst banned and you are trying to get a new passport in order to circumvent immigration rules.

Unfortunately you decided to play the system and now it could come back and hit you really, really hard.

Rete

You can't be as stupid as you are making yourself out to be.

You know you are banned. You know that you scammed the system when you returned to the US after having left it with a 2 year overstay.

Now that you are in the system as having a ban. The USCIS and the border agents computers have all been updated with your latest information. You are not eligible for a B-2 travel visa and there is no way that you will be able to adjust status here in the US or outside of the US. At least outside of the US you have an opportunity to file a waiver of inadmissibility. You don't have that option in the US, because you will adjusting status based on having entered under the VWP. You waived that option away when you filed for AOS.

So even if you sneak across the Can/Am border or the Tex/Mex border you are still SOL in adjusting status. Stay in the UK and save your flight money.

Noorah101

So you were in the USA at some point, and had an AOS application in the sytem (but we don't know based on what...marriage to a USC, family-based, work-based?). Usually someone with an AOS going on receives an AP travel document so they can visit outside the USA and return to the USA without abandoning their AOS process. Did you have this AP document when you left the USA? If you had an AOS in the system at that time, why do you think you overstayed the VWP? You say you applied for AOS "years ago", but usually AOS doesn't take that long to process...when did you apply for AOS and on what basis?

If you leave out the AOS puzzlement, if you were in the USA and you overstayed (beyond the initial 90-day limit), you can NEVER use the VWP again, EVER. I guess you weren't aware of that when you entered the USA using the VWP again after the overstay? But now that you know that, why are you still talking about going to Canada and coming across by land? That is still a VWP visit, which you are no longer allowed to do.

Why do you think you need yet another new passport? You just got a new one. Having a different passport doesn't change who you are, or your immigration history.

Your best bet right now is to consult with an immigration attorney, tell him your history, show him your visas/passports/AOS paperwork, etc....and let him advise you on what to do next.

What is the purpose of your next trip to the USA? Are you wanting to pursue the biometrics appointment for your AOS? That would mean you need an AP document to return to the USA, if you don't have one, it means you abandoned your AOS process. VWP is not a valid way of coming to the USA to pursue an ongoing AOS process.

Rene

violetlux

thanks for the help everyone...I do think most of you are making drastic claims that even lawyers wouldn't dare make. No I am not playing dumb. If I knew I had a 10-year bar, do you think I would jeopardize myself more and try to re-enter?

Noorah101

No, but are you saying:

1. You didn't know you needed an AP document to travel outside the USA while your AOS was pending? and/or;

2. You didn't know someone who overstayed a VWP visit can never use the VWP again?

Rene

Duncan Roberts

So you have spoken to a lawyer already? What was their opinion?

crg

You were denied an ESTA. Your passport wasn't the one that was denied. A new passport doesn't change the fact that YOU were denied.

Although ESTA approval is not required for seeking entry under the VWP by land, an ESTA denial makes you ineligible to use the VWP regardless of where you want to enter.

"If I had a 10 year ban, they wouldn't have let me in!"

You can't know that for sure. They may have just not figured it out at the time.

I have heard of at least two cases where people with ESTA denials have been criminal prosecuted for seeking entry under the VWP at the landborder.

Rete

No one is making drastic claims. We are basing our thoughts on the meager information you have provided. Obviously there is a lot more to your AOS story than we know about and which, while asked at least twice, have failed to enlighten us.

We are aware of the fact that day 91 of overstay starts a ban on coming back to the US. The length of the ban increases with the length of the time of the overstay.

We do know that if you are getting a visa outside of the US based on an approved I-130 for example, you will require a waiver of inadmissibility.

We do know that if you return to the US while still in a banned state, you cannot adjust status in the US. Having entered the US under the VWP means that you have waived your right to appeal the decision.