ropau

Hello,
any experience and knowledge would be very valuable and appreciated.
currently I live in UK
I ve just won green card on the 2005 lottery, but in the pas I've overstayed my J1 visa for more than 1 year...(

That means that I will not be eligible for the green card..and banned for 10 years from entering US...

.
While leaving USA in 2002 I dint submit I-94 card showing and recording me leaving the country. tHAT MEANS that nobody had record on me as overstayer

I have 2 options :

1. to ly on my GC application sying that I returned on time...
hoping that they will not have my record but might ask additional proof such as airline return tickets..
anyway this option is strongly considerable as nothing to loos...except green card

2. say the truth and hope on good will of consular officer, but biggest probability would be denial as entry bar law will be in force (

any experience, recommendations ?

Stuart Brook

ropau wrote:
    > Hello,
    > any experience and knowledge would be very valuable and
    > appreciated.
    > currently I live in UK
    > I ve just won green card on the 2005
    > lottery, but in the pas I've overstayed my J1 visa for more than 1
    > year...(
    >
    > That means that I will not be eligible for the green
    > card..and banned for 10 years from entering US...
    >
    >
    > While leaving USA
    > in 2002 I dint submit I-94 card showing and recording me leaving the
    > country. tHAT MEANS that nobody had record on me as overstayer
    >
    > I have
    > 2 options :
    >
    > 1. to ly on my GC application sying that I returned on
    > time...
    > hoping that they will not have my record but might ask
    > additional proof such as airline return tickets..
    > anyway this option is
    > strongly considerable as nothing to loos...except green card
    >
    > 2. say the
    > truth and hope on good will of consular officer, but biggest probability
    > would be denial as entry bar law will be in force (
    >
    > any experience,
    > recommendations ?
    >
    >


Never lie to the authorities. If discovered later, a) you'll be
jailed, b) you'll be deported with a permanent bar.

An entry bar is an entry bar is an entry bar. You cannot enter the US
until the bar expires. Why on earth did you apply for the lottery if
you knew you were barred? You stole somebody else's chance.

denno

Hi:

When I went for my interview (DV2003), there was a girl there the same day also for hers. Because the way the room was set up I could hear everything that was said.

The consular officer denied her visa because she had overstayed on VWP. He knew when she entered, when she left, what airport she left from, and the flight number.

He did give her the opportunity to prove otherwise. If she could have provided airline tickets, credit card receipts showing the card used outside the US, letter from employer with wage slips showing employment after the time she was supposed to have left the US, and bank account statement showing account activity outside the US, he said he would look again at her application. He gave her 1 week to come up with the above list.

It is never recommended that you lie to a consular officer or any immigation official. Even if you got away with it, if you were ever found out you would be immediately deported.

Perhaps there is a waiver that you can apply for but I don't know and it is going to be very difficult to get approved at best.

D.

J. J. Farrell

ropau <member25124@british_expats.com> wrote in message news:<[email protected]>...
    > I ve just won green card on the 2005
    > lottery, but in the pas I've overstayed my J1 visa for more than 1
    > year...(
    >
    > That means that I will not be eligible for the green
    > card..and banned for 10 years from entering US...

Then why did you apply for one? Rather selfish given how many
other people wanted and could have used that opportunity.

    > While leaving USA
    > in 2002 I dint submit I-94 card showing and recording me leaving the
    > country. tHAT MEANS that nobody had record on me as overstayer

No, that means that nobody has a record that you left on time.
Anyone who doesn't hand in their I-94 is an overstayer unless
they can prove otherwise.

    > I have
    > 2 options :
    >
    > 1. to ly on my GC application sying that I returned on
    > time...
    > hoping that they will not have my record but might ask
    > additional proof such as airline return tickets..
    > anyway this option is
    > strongly considerable as nothing to loos...except green card

If you count being jailed then banned from the USA for life
as "nothing".

    > 2. say the
    > truth and hope on good will of consular officer, but biggest probability
    > would be denial as entry bar law will be in force (

Denial is a certainty.

    > any experience, recommendations ?

Try again when your ban expires.

crg

Did you apply for any change of status, extension of status, or adjustment of status between the time you were participating in the J-1 program and the time you departed? Were you encountered inside the US by immigration authorities, or told you had to leave by an immigration judge, an immigration officer, or an adjudicator? Did you have any immigration benefit denied between the J-1 and when you departed?

There's a loophole in the law that causes the 10 yr ban. If you were admitted D/S (Duration of Status) then the unlawful presence clock does not start ticking until there was a formal finding and/or notification by immigration authorities that you are out of status.

You may not have a 10 year ban at all. You are required to tell the truth on the visa application. In this situation the truth may not hurt your application.

Either way, I bet you wish you had departed on time.

ropau

HOW THIS WOULD WORK FOR ME ?

so maybe still there is a chance legally to obtain green card:

"Subparagraph INA 212(a)(9)(B)(ii) provides the following
construction for the term "unlawful presence":
9 FAM 40.92 N1 Interpretation of "Unlawful Presence:


d. For persons who have been admitted for duration of status (DOS)
(as is usually the case with aliens in A, G, F, J and I visa status), unlawful
presence will not accrue unless an immigration officer or immigration judge
finds a status violation in the context of a request for an immigration benefit
or a deportation proceeding. Therefore, a consular officer's belief that an
alien violated his or her status in the United States is not, in itself, sufficient
for an INA 212(a)(9)(B) finding, unless the alien entered without having
been admitted or stayed beyond the Form I-94 specified date. Otherwise,
only a finding of violation of status by the INS or an immigration judge can
cause a period of "unlawful presence" to begin."

J. J. Farrell

ropau <member25124@british_expats.com> wrote in message news:<[email protected]>...
    > HOW THIS WOULD WORK FOR ME ?
    >
    > so maybe still there is a chance legally
    > to obtain green card:
    >
    > "Subparagraph INA 212(a)(9)(B)(ii) provides the
    > following construction for the term "unlawful presence":
    > 9 FAM 40.92 N1 Interpretation of "Unlawful Presence:
    >
    >
    > d. For persons who have been admitted for duration of
    > status (DOS) (as is usually the case with aliens in A,
    > G, F, J and I visa status), unlawful presence will not
    > accrue unless an immigration officer or immigration judge
    > finds a status violation in the context of a request for
    > an immigration benefit or a deportation proceeding.
    > Therefore, a consular officer's belief that an alien
    > violated his or her status in the United States is not,
    > in itself, sufficient for an INA 212(a)(9)(B) finding,
    > unless the alien entered without having been admitted
    > or stayed beyond the Form I-94 specified date. Otherwise,
    > only a finding of violation of status by the INS or an
    > immigration judge can cause a period of "unlawful presence"
    > to begin."

You previously said you overstayed, so why would this
be relevant?

Lee2002

for unlawful presence, i think the clock starts ticking when 3 things happen:

1. an immigration officer or immigration judge
finds out about it

2. you stays beyond the I-94 specified date.

3. unlawful entry.

newbie

Just as a matter of interest.... I overstayed my visa waiver by 18 days... would that be reason for any visa to be declined in the future for me? Is there any grace period?

crg

Once the visa waiver program is overstayed, even by one day, you are no longer eligible to use the visa waiver program ever again. You now need a visa to enter the U.S. Since you stayed less than 180 days over the date you were given you do not need a waiver. You need to answer "yes" when asked about unlawful presence in the U.S. When you apply for the visa, be prepared to prove that you have ties to your country that you don't have any plan to abandon.

There is no grace period. You could have applied for satisfactory departure for an emergency before you left the US to get an additional 30 days.

Amanda

crg14624 <member20421@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by ropau

<snip>

    > >
    > any experience, recommendations ?
    >
    > Did you apply for any
    > change of status, extension of status, or adjustment of status between
    > the time you were participating in the J-1 program and the time you
    > departed? Were you encountered inside the US by immigration
    > authorities, or told you had to leave by an immigration judge, an
    > immigration officer, or an adjudicator? Did you have any immigration
    > benefit denied between the J-1 and when you departed?
    >
    > There's a
    > loophole in the law that causes the 10 yr ban. If you were admitted
    > D/S (Duration of Status) then the unlawful presence clock does not
    > start ticking until there was a formal finding and/or notification by
    > immigration authorities that you are out of status.

Do J-1 gets D/S as well in some case?


    >
    > You may not have a
    > 10 year ban at all. You are required to tell the truth on the visa
    > application. In this situation the truth may not hurt your
    > application.
    >
    > Either way, I bet you wish you had departed on time.

Amanda

crg14624 <member20421@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by newbie
    > > Just as a matter of
    > interest.... I overstayed my visa waiver by 18 days... would that be
    > reason for any visa to be declined in the future for me? Is there any
    > grace period?
    >
    > Once the visa waiver program is overstayed,
    > even by one day, you are no longer eligible to use the visa waiver
    > program ever again. You now need a visa to enter the U.S. Since you
    > stayed less than 180 days over the date you were given you do not
    > need a waiver. You need to answer "yes" when asked about unlawful
    > presence in the U.S. When you apply for the visa, be prepared to
    > prove that you have ties to your country that you don't have any plan
    > to abandon.
    >
    > There is no grace period. You could have applied for
    > satisfactory departure for an emergency before you left the US to get
    > an additional 30 days.


So complicated immigration rules are. It would be nice if people are
are given all these extra info along wiht their visa or visa waiver
permit (or whatever it is called).

crg

J-1 exchange visitors almost always get admitted D/S.

crg

I don't think it would help. People don't even read the back of their I-94 for the instructions on how to turn it in or the whole page of instructions that come with an F-1's I-20.

Well meaning people have been known to really screw up their status by making minor mistakes. I guess it keeps the immigration lawyers in business. Some of the immigration lawyers get people into trouble by giving terrible advice. They'll tell people they can adjust status inside the U.S. but neglect to tell them that they can't leave the country and get back in.

ropau

Thanks for very reasonable answers and discussion.
Would be interesting to get some lawyer opionion somehow..
It is getting really complicated as us immigration laws are...

as far as I understood I may be not bared to 10 years entry bar according to section 212
But that's a good question if I will be issued green card by consular...
as according to the law it's very hard to guess...
I think decission will be made according to precedent.