u210083007

I have overstayed my E-1 visa for more than 180 days and have to go to Europe.My long
expired I-94 has NOT been surrendered to the INS. Will the INS catch the overstay at
re-entry? I understand,that I won't be allowed back for 10 years if they do. Does anyone
have any experience with this problem?


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Ingo

>I have overstayed my E-1 visa for more than 180 days and have to go to Europe.My long
>expired I-94 has NOT been surrendered to the INS.

You will be banned for three years.

>Will the INS catch the overstay at re-entry?

If they don't, you'd commit immigration fraud.

>I understand,that I won't be allowed back for 10 years if they do.

Three years - the ten years apply only after one year of overstay.

>Does anyone have any experience with this problem?

There is a way around this problem (DO NOT TRY THIS WITHOUT AN ATTORNEY!): the bans do not
apply to people who get deported. However, deportation carries a separate five-year ban.
You can avoid that ban by applying for voluntary departure and then leaving - but first,
get yourself into deportation proceedings to effect the cancellation of the original ban.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).