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Can i get rejected at the interview because i was staying in the usa over the visa limit ?

M

maxx33

New Member
Hi
Me and my wife have a tourist visa for 10 years.
We was twice in usa, but the last time we was staying over that 6 mounths , one more year. Illegal. Durring this time my wife has born a kid which it's an american citizen.
We never have the intention like this kid to be an anchor for us for to live in usa. it's just happend.
We never ask for changing visa status or apply for any immigration form there. All family left usa 1 year ago with no others problems.
Now we are back in my country , where i receive the envelope nr 1 , i am the winner for dv program. uppy !!!!!!!

I want to know if we have any chance at the interview ? Because i don't want to waste my money and time !

Does anyone else has the same problem / expierience ?

don't want, i do not intend to lie at interview !!!

if i contact a immigration lawyer , it is good , he can do something for us ?

can i verify somewere if we have a 10 years interdiction/bar allready ?

when i send back the envelope nr1 shoud i send and a letter for INS / uscis like they to verify my status ? it has any point ?

Please post me more advices !!!!!!!!!!!! HELP ME!!!!!!!!!!!!!!!

Thank you !!!!!!!
 
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maxx33 said:
Hi
i have a tourist visa for 10 years.
I was twice in usa, but the last time i was staying over that 6 mounths , one more year. Illegal. Durring this time my wife has born a kid which it's an american citizen.
I left usa 1 year ago with no others problems. And i never ask for changing my status visa or immigration there.
Now i am back in my country , where i receive the envelope nr 1 , i am the winner for dv program.

I want to know if i have any chance at the interview ?

Does anyone else has the same problem / expierience ?

Thank you !!!!!!!
Click to expand...

You have to wait and find out...IMO you won't have much of a chance...leaving the country isn't the issue after over staying...but entering will! If you are lucky they won't know...but i guess not much chance to that...Just wait another 20 years or so and your child might be able to get you a greencard by sponsering one for his parents when he becomes 21....
 
Looks like you have a big problem. An overstay for more than one year results in a 10 year bar. And keep in mind you need to make false statements in you form and sign later the sworn statement!
 
Tazmania said:
Looks like you have a big problem. An overstay for more than one year results in a 10 year bar. And keep in mind you need to make false statements in you form and sign later the sworn statement!
Click to expand...


at what point in the form do i have to make a false statement ?

it's nobody in this forum who has the same problem ?

thank's !
 
If you lie it will result in permanent not being allowed in the Country.

In The Netherlands there was a few months ago, a story about a "famous" person who left years ago to see her son that she had given up for adoption after birth and they met each other again. She ended up overstaying her visa but tried to get a greencard due to her being the birth mom...No way, she had to leave the country immediately and wait in Europe for an answer. First she has no right as a family member since she gave that up at adoption...seond she got banned for yrs due to overstaying her visa...

Amerika doesn't care who you are and btw most Dutch people didn't remember her....
Another case was there for a soccer player on the Dutch national team who once with a DUI killed a person in a car accident. It was kindof settled and he never went to jail other than having a criminal record and paying a high amount to the victims family....but this was enough for the US to refuse him at customs when th team was going to play over here in a tournament. The team could stay but he was on the first plane back, similar to a person who was convicted for drugs in Aruba...

So lying, having a conviction and try your way out of it....it all will have the same result. On top of that they will find out that you over stayed to have the baby born as a American citizen which makes it worse...they know if you are allowed back in you won't leave....
 
i don't want, i do not intend to lie !!!
i was just curious where .....

please post me more advices !!!!!!!!!!!! HELP ME!!!!!!!!!!!!!!!:eek:

if i contact a immigration lawer , it is good , he can do something ?
can i verify somewere if i have a interdiction allready ?
when i send back the envelope nr1 shoud i send and a letter for dns like they to verify my status ? it has any point ?:confused:

thank you !!!!!!!!!
 
I agree with Triple citizen...no lawyer will jeapardize his liscence and lie...he can suggest some route to go, but it is what it is. The minute you stayed 1 day longer you were in trouble and could have fixed it, but a year is not something the customs will look at in a easy way. Before you spend thousand on a lawyer (every lawyer will take your case over here and your money) you better book a trip to the US and see if you can get in, and you might have your answer cheaper than getting a lawyer..If you get in you probable won't have an issue...if you don't than better not start and fill out papers with a signature since you will have to lie or will be denied at once...Another red flag might cause you not being able to enter for a longer time....After all when your child turns 21 he/she can endorse you to get a green card since the child is a citizen...unless Obama will change the law and some government officials are trying to fight amendment 14 based on no slaves are excisting anymore so anchor babies shouldn't be allowed anymore...but that could be for the newborns, your might be gandfathered in...:)


Btw the baby being born her after you overstayed your visa is even worse for you...I once spoke with our immigration lawyer and he stated that in a totally unrelated case...we have no American born babies by the way....
 
Maxx33,

I'm sorry for you to be in this predicament. I would be cautious in proceeding and be careful to fraud your way out of this.
The suggestion someone earlier made to just travel to the States and see what happens is not a bad one (do this before filling out DS230 and submitting it). You will find out at POE if your records are tarnished and be put you on a plane back. If not, I would return to your current country asap from the States and proceed with the GC procedure, as it can lead to legal status in the US for you. :)
If they do put you on a return flight you would have to consider admitting to your overstay and get a 10 year ban. This is not something to look forward to, but it will be a whole lot better than risking getting banned for life. :eek:

Here's a link to a website that is frequented by immigration lawyers. You can post your question/problem and their recommendations are often more sound than best guesses from people like me ;)
http://www.avvo.com/legal-answers/
I would post it in: Home>Answers & Advice>Immigration Answers & Advice

IMO, I think this is something that is worth getting in touch with an immigration lawyer for. This is no simple matter and the implications are enormous for you. You are risking to be separated from your family and money should not be a first concern here....

Good luck!!
 
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There are many stories of families separated from each other. recently a Polish girl was going to be send back although her father came in the country legally but he got his daughter here through Mexico and she has to return...She is 10 yrs old. Is the INS wrong? I guess not, the dad should have gotten her here on a visa instead of illegally...

When your kids is 21 he/she can get to endorse you for a GC. Cusotms will look at you like you came here to get a baby and waited a year till the pregnancy result was a healthy baby who can be an anchor, so you are looked at having been here to deceive the system. That will be held against you according the lawyer and not in your favor. If the mother was here on a visa and overstayed hers as well she will have the same issue...your child is welcome here but not the parents who overstayed...you knew you did something wrong and risked it to get the baby here...
 
I would say...you will be rejected: 2 things can help. 1. You get a good immigration lawyer 2. it is also in connection with the 1.either alone or with the lawyer you come up with some really good excuse why you stayed over. You will need proof, papers to prove ot. If you just go for the interview, they ask what happened...you say..I was in the mood to overstay....they will kick you out since more than 1 year overstay is a 10 year bar...as far as I know. Good luck.
 
Hi Maxx33,
May I know when was the last visit you went to USA (arrive & depart) ?
and what country are u come from ?
 
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