ryank

Okay Folks
In need of your advise

1. Left for US from UK with a 6months Travelling visa
2. during my travelling got asked to work for a company as i had become good friends with the owner.
3. so i got a lawyer etc and applied for a working visa through my us lawyer.
4. their was a mistake made by the company and a wrong tax id was given so my visa was denied. we got it sorted out and re applied.
5. all this non sense made me overstay for 2months as i was trying to sort things out and wasnt working so couldnt afford my flight home. lawyers are $$$$
6. I am now home and my visa never went through as they had ran the limit of the type of visa i was applying for.
7. the lawyer has written a letter explaining the reason of the overstay saying that i tried everything i could to leave on time and i should not be banned from travelling back to the country on holiday etc.
8. i am not wanting to work or stay in us but me and some friends are wanting to go back over in about 4months for a 2week holiday what should i do.

should i go to the embassy asap and explain my situation.
please help guys
many thanks Ryan

meauxna

What does your immigration lawyer say about that?

ryank

They said it shouldnt be much of a problem as they have written a letter. and i never overstayed on purpose. i just wanted some views from you guys cause if anyone has been through the same they will know for sure. Thanks

Duncan Roberts

Well my opinion is that since it's not required that the applicant stay in the country while a working visa is processed you should expect to be treated as somebody who overstayed their visa and not be surprised if no one cares about your excuse.

Elvira

What 'working visa' did you actually apply for? Who applied - you or your employer?

What numbers/letters document the refusal in your passport?

celticgrid

You "tried everything" you could to leave on time? Everything except actually leaving.

How did you get home if you didn't have the money earlier and haven't worked?

I don't think you have an excuse.

lansbury

Probably about to make myself look an idiot, but as he only overstayed 2 months 60ish days does he have a ban? I thought that only kicked in if you overstayed 180 days

As he overstayed he cannot use the VWP program but needs a visa even for 2 weeks and I suspect the chances of that being granted are somewhere between not a lot and bugger all.

discoviking

Overstay means staying past the expiration date of your I-94 or I-94W

180 - one year of overstay = 3 year bar on re-entry to the US.
A year or more = 10 year bar on re-entry to the US. The bar starts the day you leave.

Assuming that when you say you overstayed by 2 months, that means you stayed 2 months (or approx 60 days) past the expiration date of your I-94 or I-94W. If so, it does not appear that you have incurred a bar.

However - in overstaying, you most likely invalidated your current visa. If so, you will need to apply for another visa - which with your recent overstay may be a problem. Also, if you were ever eligible to use the Visa Waiver Program, you are no longer eligible.