Samedi21

New Member
Hello!
I need help with my problem,I am a French citizen and 15 yrs ago I overstayed my au pair visa for 10yrs,I loved NYC so much that I wanted to stay.

I had a valid SS number , I was paying taxes and I had a valid driving licence from MD and I have a bank account,I was earning a good living and was volunteering and giving to a few charities there and I still do!

I tried to to get legal there,did the DV lottery but every lawyers advised me to marry for the papers which I never wanted to do whereas lots of illegal people I knew did!

Because I was missing my country and was tired of living like that,I voluntary left in 2011,but I was missing my life there so much so I went back there twice and stayed 3 months, for my charities and the third time I tried to get in,they got suspicious,looked me up and I had to tell them the truth so I did.I was denied entry and I was told I could only come back with a visa.
I went home and worked for an American family in Paris ,I then applied for a visa to attend the Aidswalkny in 2015 and was denied and asked to try again.The family I was working for went back to NJ last July and wanted to sponsor me but couldn't.They had a connection at the immigration there and to my big surprise,I was told that I was banned for 3 to 5 yrs,I couldn't understand why in the legal document I was given by the immigration officer it said I had to come back with a visa and at the US consulate in Paris too,they didn't mention that I was banned when I applied for a visa!
I miss and love NYC so much and I am desperate cause I need to move back there,I did great there,I know staying illegal was wrong but I paid taxes and I taught French to kids which didn't take American jobs and I volunteered for charities .
I am still involved with my charities there,was invited to events but I just can't and it's really sad!
Is there a way to lift the ban and be able to apply for a visa on the base that I made a life there,still have ties and have a hard time to adjust to life in France?I am really depressed ,I tried to make my peace with it but I can't.I am ready to pay a fine if that they want!
Thanks a lot for your help!
 
Last edited:
Hello!
I need help with my problem,I am a French citizen and 15 yrs ago I overstayed my au pair visa for 10yrs,I loved NYC so much that I wanted to stay.

I had a valid SS number , I was paying taxes and I had a valid driving licence from MD and I have a bank account,I was earning a good living and was volunteering and giving to a few charities there and I still do!

I tried to to get legal there,did the DV lottery but every lawyers advised me to marry for the papers which I never wanted to do whereas lots of illegal people I knew did!

Because I was missing my country and was tired of living like that,I voluntary left in 2011,but I was missing my life there so much so I went back there twice and stayed 3 months, for my charities and the third time I tried to get in,they got suspicious,looked me up and I had to tell them the truth so I did.I was denied entry and I was told I could only come back with a visa.
I went home and worked for an American family in Paris ,I then applied for a visa to attend the Aidswalkny in 2015 and was denied and asked to try again.The family I was working for went back to NJ last July and wanted to sponsor me but couldn't.They had a connection at the immigration there and to my big surprise,I was told that I was banned for 3 to 5 yrs,I couldn't understand why in the legal document I was given by the immigration officer it said I had to come back with a visa and at the US consulate in Paris too,they didn't mention that I was banned when I applied for a visa!
I miss and love NYC so much and I am desperate cause I need to move back there,I did great there,I know staying illegal was wrong but I paid taxes and I taught French to kids which didn't take American jobs and I volunteered for charities .
I am still involved with my charities there,was invited to events but I just can't and it's really sad!
Is there a way to lift the ban and be able to apply for a visa on the base that I made a life there,still have ties and have a hard time to adjust to life in France?I am really depressed ,I tried to make my peace with it but I can't.I am ready to pay a fine if that they want!
Thanks a lot for your help!


The bans are either 3 years or 10 years. Yours will be 10 years. Maybe you could apply for a waiver, but since you knowingly flouted the rules because of what you wanted, I would guess you wouldn't have much chance.
 
The bans are either 3 years or 10 years. Yours will be 10 years. Maybe you could apply for a waiver, but since you knowingly flouted the rules because of what you wanted, I would guess you wouldn't have much chance.


The immigration officer who is friend with my former boss told him I was banned only 3 to 5 since I haven't been deported and paid taxes.
The thing is at the US consulate in Paris when I recently applied for a visa,they never mentioned the ban to me,instead they asked me to apply again!
So that's what is confusing me,I still have the legal document interview the officer that said to come back with a visa!
I still have a bank account there,I give a lot to charities there.
 
Hello!
I was denied entry to the USA in 2013 after I had confessed to them that I had overstayed my au pair visa for 10 yrs.I had a valid ID( DL from MD),paid taxed and earned a good living as a french teacher/nanny in NYC.

I was also doing some charity works,volunteered for a few us based non profit organisations,I still do.I still have my bank account there for my charities.

Anyway,the transcript of the official document given to me by the immigration officer in NYC is that I had to come back with a VISA,no more ESTA for me!!Last year I applied for one to attend the AISDWALKNY but was denied,they told me to reapply again though!

My friends there asked their friend who worked at the immigration in NYC to look me up to see what was my situation and he told them that I was actually BANNED for 3 yrs.

What I don't understand it is why I have an official doc that says I am not? Because I asked that officer if I was and he said no,just come back with a VISA and why at the US consulate last year when I was denied the tourist visa,they didn't simply tell me that I was banned? Why asking me to reappy again??That doesn't make sense to me at all!

Also I am invited to attend a charity event in NYC by my non profit org Keepachildalive which I have been supporting and volunteering for since 2008 when I was living illegally in NYC.I raised a lot of money for them,I want to attend their annual Black Ball in NYC this fall so is it possible to get a waiver to lift that ban or no?
I support a few charities there,I volunteered to clean playgrounds in NYC,I tried to get legal but couldn't so I left on my own.
Thanks!
 
Hello!
I was denied entry to the USA in 2013 after I had confessed to them that I had overstayed my au pair visa for 10 yrs.I had a valid ID( DL from MD),paid taxed and earned a good living as a french teacher/nanny in NYC.

I was also doing some charity works,volunteered for a few us based non profit organisations,I still do.I still have my bank account there for my charities.

Anyway,the transcript of the official document given to me by the immigration officer in NYC is that I had to come back with a VISA,no more ESTA for me!!Last year I applied for one to attend the AISDWALKNY but was denied,they told me to reapply again though!

My friends there asked their friend who worked at the immigration in NYC to look me up to see what was my situation and he told them that I was actually BANNED for 3 yrs.

What I don't understand it is why I have an official doc that says I am not? Because I asked that officer if I was and he said no,just come back with a VISA and why at the US consulate last year when I was denied the tourist visa,they didn't simply tell me that I was banned? Why asking me to reappy again??That doesn't make sense to me at all!

Also I am invited to attend a charity event in NYC by my non profit org Keepachildalive which I have been supporting and volunteering for since 2008 when I was living illegally in NYC.I raised a lot of money for them,I want to attend their annual Black Ball in NYC this fall so is it possible to get a waiver to lift that ban or no?
I support a few charities there,I volunteered to clean playgrounds in NYC,I tried to get legal but couldn't so I left on my own.
Thanks!


Why are you repeating all this information?

This is very simple. Apply for a visa as you have been told. The REASON you were told that is because it is the correct thing to do. Apply for the visa. If you are still banned, they will tell you at the visa interview.

By the way, when you go for an interview, keep your comments to the salient facts. The charity work etc is unnecessary - you don't get any credit from immigration for that. Just stay on point.
 
Why are you repeating all this information?

This is very simple. Apply for a visa as you have been told. The REASON you were told that is because it is the correct thing to do. Apply for the visa. If you are still banned, they will tell you at the visa interview.

By the way, when you go for an interview, keep your comments to the salient facts. The charity work etc is unnecessary - you don't get any credit from immigration for that. Just stay on point.

Because I couldn't edit my first post or delete it to make it simple and clear!
To answer your question,I did apply for a tourist visa B2 last year and was denied but was not told I was banned that's why I am asking again.They told me to reapply that's why I am confused.
Thanks though!
 
My case is a little confusing because I was not told that I was banned,the immigration agent told me to come back with a visa but then a friend of a friend working at the immigration ran my name and told us I was ban for at least 5 yrs!
My friend spoke to a lawyer who told us what I have been told by many other,that if you stayed 10 yrs illegally,you get a 10 yrs ban!I am l really confused here!
Why did the US consulate in France didn't notify me of that ban when I was denied the hB2 visa tourist in 2015?They actually told me I could reapply!
 
Indeed,ever since I left it,I have been unhappy!

I lived a wonderful 10 yrs there ,illegally,I worked my butt off,I was happy ,teaching french to little american kids,I made a good living,I paid taxes,I was volunteering for charities there,still do but virtually from a distance now!
I know what I did was bad but I loved the usa and after y au pair year in Maryland,I wanted to stay,my host family wanted to sponsor me but after 9/11 everything changed,the immigration laws changed!
I was in love with the USA,I love my country France but it's always been a dream to go and live there so I was afaraid I would not have another chance to go there so I stayed!

Anyway,I worked for an american family in Paris as their little boy's french nanny,they wanted to take me with them to continue with him when they moved back to the USA but they couldn't because I am "supposedly banned"(I was not deported,just left on my own).
Right now they are trying to find a way to get me there because they have a hard time finding a good french nanny, they tried au pair but it didn't work!I had a great relationship with them,the boy goes to a french school.
I've looked online to see if there was way for me to work for them there legally and I found the PERM labor certification for hiring long term foreign nanny,don't know if it 's going to work for me!

Can they sponsor me as their french nanny? Can they file a petition?

I really really miss the USA,I always loved it,I still have my bank account there,still support my charities,I raise money for the AIDSWALK in NYC virtually wtih my charity Keepachildalive,I was even invited to their Black Ball ,their fundraiser event in NYC but I can't go because of my case,my ban!
I am so unhappy here in France,I had a life in NYC,friends and here I have nothing,I don't want to live here,I am so depressed!
I hope I can fan a way to move back there LEGALLY and go back to the city that I love! !
Thank you!
 
My case is a little confusing because I was not told that I was banned,the immigration agent told me to come back with a visa but then a friend of a friend working at the immigration ran my name and told us I was ban for at least 5 yrs!
My friend spoke to a lawyer who told us what I have been told by many other,that if you stayed 10 yrs illegally,you get a 10 yrs ban!I am l really confused here!
Why did the US consulate in France didn't notify me of that ban when I was denied the hB2 visa tourist in 2015?They actually told me I could reapply!

Why are you repeating all this AGAIN? You have also started another thread on the same topic. We discussed this. I gave you a way to find out. Had you done that, you would not be "really confused".
 
Why are you repeating all this AGAIN? You have also started another thread on the same topic. We discussed this. I gave you a way to find out. Had you done that, you would not be "really confused".

I did look into it and still confused and yes I started another thread to ask about another something else! related to my case!This time I asked If I could apply for the PERM labor certificate!
 
Just to let you know that your chances of getting PERM labor certificate are zero. Your DV lottery chances are zero as well, even if you win the lottery you won't be able to immigrate because of your ban. Since you are banned, you are not eligible for any immigrant/non-immigrant entry programs until your ban is complete. You should forget about the USA, I understand that you want to go back, unfortunately there is no legal way for you to return, since like you say they checked your name and you have a ban. Your ban is not 5 years, your ban is 10 years. If you stayed illegally for more than ONE year (you stayed 10 years) your ban is an automatic 10 years. It doesn't matter that you were able to enter under ESTA after you left, your illegal stay was discovered later so it triggered 10 year ban. You have no legal way to return to USA until 2021 (you left in 2011), you can apply for a visa in 2021. Your volunteering and paying taxes play no role in your future possibility to enter USA. They will not help you to return to USA before 2021.
Now, since you like North America, why don't you try to come legally to Canada. You will enjoy same North American lifestyle in Canada and with your french you'll feel at home in Quebec and your New York friends will be a short drive away (they can come visit you). My last advice is not a promotion for Canada, I see from your post that you are indeed very depressed, hopefully Canada will remind you of the States and help you fight your depression.
 
Just to let you know that your chances of getting PERM labor certificate are zero. Your DV lottery chances are zero as well, even if you win the lottery you won't be able to immigrate because of your ban. Since you are banned, you are not eligible for any immigrant/non-immigrant entry programs until your ban is complete. You should forget about the USA, I understand that you want to go back, unfortunately there is no legal way for you to return, since like you say they checked your name and you have a ban. Your ban is not 5 years, your ban is 10 years. If you stayed illegally for more than ONE year (you stayed 10 years) your ban is an automatic 10 years. It doesn't matter that you were able to enter under ESTA after you left, your illegal stay was discovered later so it triggered 10 year ban. You have no legal way to return to USA until 2021 (you left in 2011), you can apply for a visa in 2021. Your volunteering and paying taxes play no role in your future possibility to enter USA. They will not help you to return to USA before 2021.
Now, since you like North America, why don't you try to come legally to Canada. You will enjoy same North American lifestyle in Canada and with your french you'll feel at home in Quebec and your New York friends will be a short drive away (they can come visit you). My last advice is not a promotion for Canada, I see from your post that you are indeed very depressed, hopefully Canada will remind you of the States and help you fight your depression.

Thanks for your reply and yes i considered Canada because the high demand for french but my heart is in nyc!
Anyway,concerning my delicate tricky case,I went to the US consulate the other day and I asked them if I was banned,they check my passport,my fingerprints and they told me I was not to my freaking big surprise!!

They told me I could apply for a visa but no more esta!
 
Also you can get a waiver for a 5 and 10 year ban depending on your character and other things,it's called a waiver of forgiveness!I made some research and asked some lawyers around who were highly recommended,they say the Us immigration could be lenient and be forgiving if you paid taxes there so who said it doesn't help to do good there?
 
Au pair is J-1, right? J-1 are usually admitted for "D/S", and not until a specific date. Check to see if you were admitted for "D/S" or a specific date. You have to stay past the date on your I-94 to start accruing "unlawful presence"; if you were admitted on "D/S", you do not automatically start accruing "unlawful presence" on any date. The 3-year/10-year ban that people above are talking about are the unlawful presence ban, which would only be if you accrued 180 days/1 year of "unlawful presence", and I am not sure you have accrued even 1 day.

However, from your description, you tried to enter and were denied entry. You may have been "removed" that time. Check to see if you have documentation from that time to see if they allowed you to voluntarily withdraw your entry, or were removed. If you were removed, then you would have a 5-year ban starting from then.
 
Au pair is J-1, right? J-1 are usually admitted for "D/S", and not until a specific date. Check to see if you were admitted for "D/S" or a specific date. You have to stay past the date on your I-94 to start accruing "unlawful presence"; if you were admitted on "D/S", you do not automatically start accruing "unlawful presence" on any date. The 3-year/10-year ban that people above are talking about are the unlawful presence ban, which would only be if you accrued 180 days/1 year of "unlawful presence", and I am not sure you have accrued even 1 day.

However, from your description, you tried to enter and were denied entry. You may have been "removed" that time. Check to see if you have documentation from that time to see if they allowed you to voluntarily withdraw your entry, or were removed. If you were removed, then you would have a 5-year ban starting from then.


I did have a D/S on my J1 visa au pair in 2000,I remember lawyers there asking about that too but can't remember exactly what they said about it at that time,it was so long ago!
The thing is that I left in 2011 after 10yrs overstaying that J1 visa,then I came back in 2012 for 3 months then back home then went again in 2013 for the AidswalkNY ,left and try to come in late august of that year!

Let me tell you what really happened 3 yrs ago!
I go through immigration,they saw that I came a lot in the past year so they send me to the back office to talk to an another immigration agent there,I tell that agent why I came and how long I would stay,,he approved my entrance and stamped my passport!
I start leaving and heading to the exit and all of a sudden another agent asked to check inside my hand luggage and while he was doing it,he was checking my name and the last time I left the US!
He asked if I had a return ticket,I said yes then he started to ask me about the last time I left the US,he asked me first if it was t 2008 which I said no, he kept reading and giving me random dates then he got the right date which was dec 2011 and asked me how come beacuse there were no record of when I came so I had to confess and I told him about coming as an pair 11yrs ago and bla bla and so he send me back to the agent who approved my visa so I told hi what I was back.

So we had a interrogation,he asked questions about why,what was I doing,how much was i paid,If I paid taxes,If I had return ticket,all about my overstaying,my J1 visa,etc..
Then I signed the report and I asked him clearly :" Am I banned ? He said NO but you have to come back with a visa this time not with ESTA anymore!
They checked my SS card( I had one and my Driving licence from MD where I was au Pair to see if they were fake but they weren't!
I have a copy of that report which states you have to come back with a visa!Also I applied for a H2b tourist visa at the US consulate in Paris,they denied,I knew they would because I didn't have a strong case but they said I could reapply for another,they never mentionned any ban whatsoever!

So now you see why my case is a little confusing!
Thanks for all your imput newacct!
 
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