Multiple I-94s

Old Jun 25th 2010, 2:42 pm
  #16  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Multiple I-94s

Originally Posted by Overstay
Once I'm denied a visa, I'll have to mention that to other countries I travel to.
Will you? I'd check on that because I'm not sure that's true. You would have to mention it on any US visa application, but I'm not sure any other country would even care about a US visa denial.


I think even if someone in my situation marries a USC, they will not be able to return to the US without problems.
Perhaps, perhaps not. There's no way to know, in advance, whether or not you'd have any problems at all. One thing is sure... if you don't apply, you'll never know. From where I sit, however, not knowing is far worse than anything else. Once you know where you stand, you can move forward... but you can't do that if you don't even know where you stand.

Ian
ian-mstm is offline  
Old Jun 25th 2010, 2:47 pm
  #17  
BE Enthusiast
 
discoviking's Avatar
 
Joined: Nov 2008
Location: Quebec, Canada
Posts: 976
discoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond repute
Default Re: Multiple I-94s

Originally Posted by Overstay
Infact, I think even if someone in my situation marries a USC, they will not be able to return to the US without problems. If you marry and then apply for a resident permit, they'd bring up the overstay and decline the green card or a visa to enter the country, correct?
Depends on the circumstances. If you were married to a USC and were to apply for an immigrant visa, they would certainly look at your immigration history, yes. If you were to apply for an immigrant visa tomorrow, they may decide that a mistake was made and issue the visa, or they may throw the book at you and decide that you overstayed. Now, as far as bans are concerned - illegal presencee of 6 months to a year carries a 3 year ban. Illegal presence of a year or more carries a 10 year ban. So, if your illegal presence was less than six months, it should not prevent you from getting a marriage based visa. If it was more than 6 months, you might be hit with a ban, but you would be eligible to file a waiver to overcome it.

If you were to apply for a marriage based immigrant visa in a few years after an eventual ban is over, there would be no reason to deny you the visa as long as there are no other complicating factors.

Also, why do you believe other countries would care about your US immigration history?

Last edited by discoviking; Jun 25th 2010 at 2:55 pm.
discoviking is offline  
Old Jun 25th 2010, 2:52 pm
  #18  
Procrastinator
Thread Starter
 
Joined: Jun 2010
Posts: 12
Overstay is an unknown quantity at this point
Default Re: Multiple I-94s

Originally Posted by discoviking
Also, why do you believe other countries would care about your US immigration history?
I asked about Canadian immigration in another forum and I was told that overstay in USA can affect my application in Canada.

http://britishexpats.com/forum/showthread.php?t=673819

But really, I feel guilty for the overstay and would like to redeem myself. If only it were that easy. Will I be able to get a waiver for the overstay if I marry a USC?
Overstay is offline  
Old Jun 25th 2010, 2:57 pm
  #19  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Multiple I-94s

Originally Posted by Overstay
I asked about Canadian immigration in another forum and I was told that overstay in USA can affect my application in Canada.
That's not what was said... the assumption there was that you are currently in the US and currently overstaying. Such is not the case.


Will I be able to get a waiver for the overstay if I marry a USC?
The best someone here can tell you, is that you can certainly apply for a waiver. No one really knows for sure whether or not one will be approved. You can't apply for a waiver until a visa has been denied... and you can't be denied a visa if you don't apply for it.

Ian
ian-mstm is offline  
Old Jun 25th 2010, 3:09 pm
  #20  
BE Enthusiast
 
discoviking's Avatar
 
Joined: Nov 2008
Location: Quebec, Canada
Posts: 976
discoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond repute
Default Re: Multiple I-94s

Originally Posted by Overstay
But really, I feel guilty for the overstay and would like to redeem myself. If only it were that easy. Will I be able to get a waiver for the overstay if I marry a USC?
First off, what are you trying to do, really? Do you have a US citizen opposite sex significant other, and do you wish to immigrate to the US based on marriage to that person? It would be helpful if you let us know what your plans are rather than keep us guessing.

But yes, if you were married or engaged to an opposite sex US citizen, you would be eligible to file a waiver if an immigrant visa was denied based on your illegal presence. Whether a waiver is approved or not, depends on a multitude of things, which I am not going to get into for a hypothetical discussion. Visit www.immigrate2us.net for more information on waivers.

However, if your illegal presence was for less than 6 months, there should be no ban and no need for a waiver.
discoviking is offline  
Old Jun 25th 2010, 5:48 pm
  #21  
Procrastinator
Thread Starter
 
Joined: Jun 2010
Posts: 12
Overstay is an unknown quantity at this point
Default Re: Multiple I-94s

Originally Posted by discoviking
First off, what are you trying to do, really? Do you have a US citizen opposite sex significant other, and do you wish to immigrate to the US based on marriage to that person? It would be helpful if you let us know what your plans are rather than keep us guessing.
No I don't have a USC, I was simply trying to figure out how bad my situation is. If a marriage to a USC can solve my problems, I may look for a way to accomplish that.
Overstay is offline  
Old Jun 25th 2010, 6:15 pm
  #22  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Multiple I-94s

Originally Posted by Overstay
If a marriage to a USC can solve my problems, I may look for a way to accomplish that.
Marriage to a USC for the sole purpose of gaining an immigration benefit is illegal. Tread very carefully... you're about to enter a minefield - and US immigration is not known for either its compassion or its understanding.

Ian

Last edited by ian-mstm; Jun 25th 2010 at 6:19 pm.
ian-mstm is offline  
Old Jun 25th 2010, 6:26 pm
  #23  
US immigration lawyer.
 
JCraigFong's Avatar
 
Joined: Jan 2008
Location: Los Angeles & Palm Springs, California
Posts: 695
JCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond repute
Default Re: Multiple I-94s

Originally Posted by Overstay
If I was asked in the visa application whether I was out of status or had unlawful presence, would I tick "Yes" and then risk a denial? I also fear that once I tick "Yes", it will be a permanent mark on my record and no way will I be able to change the answer again.
If the facts are as you described them, I think it highly likely that the people at Grosvenor Square would understand. If you asked for a B-1/B-2 visa to come to the USA for a holiday, I suspect you'd get it. Of course, I can be wrong; I have been before. Still, this sounds explainable and reasonable.

Originally Posted by Overstay
Further, I'd like to know how these things work in the background. Lets say instead of saying "Yes" I said "No", and at the window the consulate officer approved my visa. The visa arrives a few days later with the passport. During this period, if they cross-check and discover that I had committed "fraud" what will the consequences be?
I would never recommend telling anything but the truth. Having said that, I also do NOT recommend that you answer a question that you're NOT asked. If fraud is detected at any point, your visa would be cancelled.

Originally Posted by Overstay
Next, lets assume my visa was approved, and no problems were encountered along the way. When I arrive at the POE, I face the same problem. The port officer will look at my records and discover that I had overstayed, and then charge me with fraud?
Well, if you are issued a visa, the officer at the POE may say something like, "what happened? did you overstay before?" and you could say exactly what you said at the Embassy. Explain what happened. No long story, just the facts. If you've been issued a visa, the POE officer is likely to presume that you explained what happened and got cleared at the Embassy -- that's why you were issued the new visa.

Don't let your fears govern you here. You'll never know what will happen at the Embassy unless you go and apply.
JCraigFong is offline  
Old Jun 25th 2010, 6:29 pm
  #24  
Procrastinator
Thread Starter
 
Joined: Jun 2010
Posts: 12
Overstay is an unknown quantity at this point
Default Re: Multiple I-94s

Originally Posted by ian-mstm
Marriage to a USC for the sole purpose of gaining an immigration benefit is illegal. Tread very carefully... you're about to enter a minefield - and US immigration is not known for either its compassion or its understanding.

Ian
So there are traps after traps. Interesting. I had no idea it'd be this bad.
Overstay is offline  
Old Jun 25th 2010, 6:52 pm
  #25  
Procrastinator
Thread Starter
 
Joined: Jun 2010
Posts: 12
Overstay is an unknown quantity at this point
Default Re: Multiple I-94s

Originally Posted by JCraigFong
I would never recommend telling anything but the truth.
I've been trying to find out what truth is.

A previous poster said that the US immigration is not known for its compassion or understanding. Is it true then, that I overstayed and therefore I was unlawfully present (and out of status) in the US? Or is it true that I wasn't out of status or unlawfully present because of a CBP mistake?

Originally Posted by JCraigFong
Having said that, I also do NOT recommend that you answer a question that you're NOT asked. If fraud is detected at any point, your visa would be cancelled.
Sorry I don't understand what you are trying to convey at this point. Are you saying that if I believed that I wasn't unlawfully present or was out of status, I should not start explaining my I-94 issues?

Last edited by Overstay; Jun 25th 2010 at 7:47 pm.
Overstay is offline  
Old Jun 25th 2010, 7:55 pm
  #26  
BE Enthusiast
 
discoviking's Avatar
 
Joined: Nov 2008
Location: Quebec, Canada
Posts: 976
discoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond reputediscoviking has a reputation beyond repute
Default Re: Multiple I-94s

Originally Posted by Overstay
Sorry I don't understand what you are trying to convey at this point. Are you saying that if I believed that I wasn't unlawfully present or was out of status, I should not start explaining my I-94 issues?
J is a highly qualified and experienced immigration attorney. Perhaps you should arrange for a one on one consultation with him to get your questions answered and hopefully put your mind at ease.
discoviking is offline  
Old Jun 25th 2010, 9:19 pm
  #27  
US immigration lawyer.
 
JCraigFong's Avatar
 
Joined: Jan 2008
Location: Los Angeles & Palm Springs, California
Posts: 695
JCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond reputeJCraigFong has a reputation beyond repute
Default Re: Multiple I-94s

Originally Posted by Overstay
I've been trying to find out what truth is.

A previous poster said that the US immigration is not known for its compassion or understanding. Is it true then, that I overstayed and therefore I was unlawfully present (and out of status) in the US? Or is it true that I wasn't out of status or unlawfully present because of a CBP mistake?

Sorry I don't understand what you are trying to convey at this point. Are you saying that if I believed that I wasn't unlawfully present or was out of status, I should not start explaining my I-94 issues?
Well, Overstay, while momentarily avoiding the larger question of "What is Truth," I can certainly agree with any poster who asserts that one cannot rely on the jaundiced mercies of immigration authorities.

Yes, I believe I did say -- and others may have said so as well -- that it APPEARS that if you stayed beyond the expiration date of your MOST RECENTLY ISSUED I-94, then yes, you did overstay and were out of status. For about 4-5 months, if I recall the facts. That is MY conclusion, based on the facts as I understand them.

The border guard's mistake was in not using the expiration date on the Citibank-related petition as the expiration date of your I-94. It may have been his/her error; nevertheless, you should have sought an Extension of Stay (EOS) or departed the USA prior to that expiration date. You did not do the EOS, and you did not depart on time, so yes, you were an overstay.

As for telling the truth and explaining: I was referring to your earlier statement: "what if I go to the Consulate, and on the form what if I said 'yes' instead of 'no." Or something to that effect. My advice to you about answering yes or no is: tell the truth.

Now, for your question about "What is Truth?" I am not suggesting that you will find any solace by resorting to Kant or Kierkegaard for your answer. Further, you are not technically qualified to reach the conclusion of "did you overstay," so I am telling you don't try answer the question. Simply state the facts. "I entered the USA, I got an I-94 that expired on one date, when my I-129 petition was valid until a later date. I did not realize the discrepancy was made, and I did not leave on time. It was inadvertent. It was not intentional. I thought I could still work because the I-129 petition was still valid." Let the Foreign Service Officer or the border guard attach a word to this. YOU should not state the conclusion: "I overstayed." Let them do this.

If you just state the facts, as I mentioned in an earlier post, I suspect that the Embassy would still allow you to get a B-1/B-2 visa to come and visit the USA, because, as you say, the overstay was inadvertent. At least, they will do so if you otherwise have ties to the UK, can show that you will return after your trip, and can show that you are visiting for touristic purposes and not for employment.

At this point, if you're still distressed about this, I'd prefer to chat with you. I'd be glad to do so at no charge, provided you call me and foot the charge for the phone call. It is EXCEEDINGLY difficult to communicate about these technical matters through e-mail.

Best,

--J
JCraigFong is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.