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Overstayed VWP

Discussion in 'Temporary Visas - OTHER Than The Ones Mentioned' started by orena999, Oct 13, 2007.

  1. orena999

    orena999 Registered Users (C)

    Can anybody tell me for how long are u banned to enter USA after overstaying VWP for 90 days?
     
  2. GotPR?

    GotPR? Registered Users (C)

    How many days of overstay ?
     
  3. orena999

    orena999 Registered Users (C)

    90 days overstay
     
  4. orena999

    orena999 Registered Users (C)

    however I heard I can apply for another type of visa B-2, even if I overstay VWP,is it correct?
     
  5. PraetorianXI

    PraetorianXI Banned

    You can apply, but you probably won't get it.
     
  6. orena999

    orena999 Registered Users (C)

    can anybody tell me if he got a sponsor and required for the job in US would it be any difference?
     
  7. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    Maybe, but the consular officer will logically ask "you overstayed last time. Why won't you do so again?"
     
  8. elcupacabras

    elcupacabras Registered Users (C)

    You are not banned from the states but you can no longer enter using VWP. B-2 visas are very difficult to get if you are from a country that is VWP eligible, and youre obviously from one of them. They are even harder to get if you are of working age (Americans get on average, 2 weeks holiday a year, therefore they find it hard to fathom how someone of working age can afford such a long time off work to need a B-2 visa). If you are off working age, you have that and your previous overstay stacked up against you making it a slim to none chance that you will be granted a B-2. Its not 100% impossible mind...but close enough.
     
  9. snugjoint

    snugjoint Registered Users (C)

    If you voluntarily depart from the U.S. before the overstay becomes 180 days or more, you can try applying for a visa. But you need to return to your home country to apply.

    In DS-156 (visa application form), there is a question: "Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?" Obviously your answer to this question has to be "YES." Be prepared for answering why you overstayed when you apply for a visa next time.
     
  10. orena999

    orena999 Registered Users (C)

    my overstay was less than 90 days.(90 days legal plus less than 90 overstay) Does it make any difference?
    Would I get a J-1 visa if I got a sponsor employer???
     
  11. snugjoint

    snugjoint Registered Users (C)

    As long as your overstay is less than 180 days, it won't trigger the ban. But you have to apply for a visa (Doesn't matter what class) in your home country from now on. This penalty is all the same if your overstay is just a day or 179 days.

    In practical sense, you will probably be treated differently than a person who has almost 180 days of overstay. But that doesn't mean you will have no problem getting a J-1 visa.
     
  12. orena999

    orena999 Registered Users (C)

    alright....so it means from now on I ll have problem to get visas forever?? or just for certain amount of time?
     
  13. snugjoint

    snugjoint Registered Users (C)

    To be honest I don't know. But if you successfuly get your next visa and reenter the U.S. without a great deal of difficulty, chances are that you will be OK after all. Good luck.
     
  14. orena999

    orena999 Registered Users (C)

    thank you for advice. Just don t know if it s worth applying and doing all the paper works....and after being refused
     
  15. elcupacabras

    elcupacabras Registered Users (C)

    Yes. You will have to get a visa for every time you want to visit the states. By violating the terms of the VWP you are no longer eligible to use it and hence need to obtain your own visa.
     
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    woaibbhemm Banned

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  17. clementr

    clementr New Member

    overstay VWP

    my girlfriend is from portugal. she has overstayed for 35 days.

    although immigration probably doesn't care...she was tgoing back to portugal in may only 2 weeks into VWP, she is retired schoolteacher so she decided to stay longer and cancelled her one way ticket and requested a voucher from Continental Airlines. As of end of july and prior to her Aug 3 deadline voucher had not arrived and i called Continental. They said due to hurricanse (eduard) there were so many flights cancelled that they are way behind in processing. I have now discovered there is a way to reticket her without the physical voucher. She needs to go home but is scared that she will not be able to re-enter usa in a few months.

    An immigration officer in minnesota actually told us that if we were going to get married its better for her to stay to do that and then file for adjustment of status.

    can she get a one time parole? there are complications-paperwork etc. with just going and getting married asap and in any event she has a court proceeding ( her ex is fighting alimony) and other matters she needs to attend to in portugal. any advice or opinions
     
  18. elcupacabras

    elcupacabras Registered Users (C)

    If you have read the comments and advise given to the original poster in this thread, you will see that seeing as your girlfriend has overstayed the VWP she is no longer eligible to use this as a means to enter the States. Once she leaves, if she wants to return, she will have to apply for tourist visa (B) from the Embassy in Portugal.

    Youre right- Immigration wont care that she was 'going' to return back after 2 weeks. The fact is that she didnt, overstayed and therefore violated the terms of the VWP.

    The best bet (IMHO) would be for her to return to portugal and for you to apply for a K1 visa so that she can return to the States (in approx 8 months time) as her current overstay isnt enough for her to trigger a ban. The reason why I say this route is because adjustment of status based on marriage (without the appropriate visa) to overstay is quite a dangerous avenus to take. In the past, an overstay would be 'generally' forgiven to the spouse of a US citizen, however, it turns out that this is no longer the case. Here is a discussion about how applying for AOS beyond the 90 days of the VWP resulted in the denial of adjustment to a UK citizen.....the result....the UK citizen was detained, deported and banned from the States.
    http://britishexpats.com/forum/showthread.php?t=557059

    Bear in mind also, that if you do the AOS based on marriage now, then your then spouse will NOT be able to leave the States until she has her greencard in hand. Or should I say, she will be able to leave, she just wont be able to return. Yes, when you go through AOS you are given the opportunity to apply for Advanced Parole so that you can travel prior to receiving your greencard, though overstays are discouraged from using this as the overstay will still be in the system and result in a denial upon re-entry.
     
  19. clementr

    clementr New Member

    thanks for your reply

    i did read the previous comments. all of them.

    since posting i've spoken to 2 immigration attorneys. they charge 2k to file the forms plus filing fees to gov. they recommended that she stay, have appropriate paperwork filed, and that there is a form to file that would allow her to come and go without hassle while the process is in motion. i will clarify this before she goes anywhere but both advised against her leaving and neither suggested she leave and file for k1 or k3.

    its all the different opinions that are confusing so i guess i'll hire an atty that specializes in this matter rather than pursue a wrongful course of action
     
  20. Jackolantern

    Jackolantern Registered Users (C)

    That must be Advance Parole. Yes if approved it would allow her to leave the US and return, but using it is not something I would consider "without hassle". Whenever you use it, they usually send you to the secondary inspection room where you may have to answer lots of questions.
    K1 or K3 takes several months to get approved. But assuming that you are a US citizen, they will generally forgive periods of overstay if she marries you and applies to complete the green card within the US instead of the K1/K3 route, although such forgiveness does not necessarily extend to international travel after the overstay (she could be banned from reentering the US, depending on how long the overstay was).
    Yes, when dealing with a case with complications (the overstay) it is advisable to get a lawyer, especially if you are not very familiar with the immigration jungle (and you would be very unfamiliar with it if you are a born US citizen or obtained citizenship through your parents).
     
    Last edited by a moderator: Sep 13, 2008

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