Hi everyone,My brother filed a petition for me in January 2001,and i received my interview letter for an interview on November 20th 2013.Now here is my position,I lived in the USA at my brother's house together with his wife and daughter from October 1998 to June 2003 on an overstayed visa and he applied for me in January 2001 when section 245i was extended.Due to a rough relation with his wife I had to depart the USA in June 2003 and return to my home country.Now my concern is that my interview date is Wednesday 20th November and if i'm arsked if i ever overstayed in the USA should i say no? I already filled out a DS-260 and i said that i stayed 6 months in the USA.Please i need some advice on this.Thanks in advance.
Concerned
- Thread starter trin23
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ananga73
Registered Users (C)
You have a 10 year bar my friend. You should have adjusted status BEFORE you left. Leaving triggered the 10 year bar. Sorry for the bad news.
You don't need any advice, tell the TRUTH at the interview. Lying to the interviewer can mean a lifetime bar, you don't want to go there.
Get a good immigration attorney although I doubt he/she can change the outcome.
Best.
Actually, come to think of it, your 10 year bar ended in June 2013 so you are fine I think.
You don't need any advice, tell the TRUTH at the interview. Lying to the interviewer can mean a lifetime bar, you don't want to go there.
Get a good immigration attorney although I doubt he/she can change the outcome.
Best.
Actually, come to think of it, your 10 year bar ended in June 2013 so you are fine I think.
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Jackolantern
Registered Users (C)
You are allowed to correct mistakes in the interview. Tell the interviewer that the 6 months answer to that question is incorrect, and tell them the correct length of time you stayed in the US during 1998-2003.
You left the US in June 2003, so your 10-year bar has already expired unless you have entered the US since then. You will have to present evidence that you left the US in 2003, such as passport stamps you received when arriving in any country outside the US, or work/school records showing that you were in another country in 2003.
You left the US in June 2003, so your 10-year bar has already expired unless you have entered the US since then. You will have to present evidence that you left the US in 2003, such as passport stamps you received when arriving in any country outside the US, or work/school records showing that you were in another country in 2003.
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Will the interviewing officer know about my overstay status before i tell them?
Will the interviewing officer know about my overstay status before i tell them?
ananga73
Registered Users (C)
I am not a psychic so I do not know definitely. However they have a TREMENDOUS amount of information, TREMENDOUS! And I believe he should know BECAUSE they definitely have the records which show your brother filed the I-130 under 245i. Any attempt to lie will permanently jeopardize your chance of moving to the USA.
Actually, come to think of it, your 10 year bar ended in June 2013 so you are fine I think.
Best.
Actually, come to think of it, your 10 year bar ended in June 2013 so you are fine I think.
Best.
TheRealCanadian
Volunteer Moderator
Almost certainly. They have a record of your entrance, and they other have a record of your exit (in which case they know you overstayed), or they don't. But since you are interviewing outside the US, the consular officer can request proof of your departure date from the US.
Please tell me you have proof of your departure - because the overstay cannot hurt you at this point. What CAN hurt you is if there is no exit record and you cannot prove that you left the US more than 10 years ago.
Yes I have proof
There is a stamp by the Immigration in my country in my old passport that states i returned on June 2nd 2013.Should I carry this passport to the Interview on Wednesday?
I am not a psychic so I do not know definitely. However they have a TREMENDOUS amount of information, TREMENDOUS! And I believe he should know BECAUSE they definitely have the records which show your brother filed the I-130 under 245i. Any attempt to lie will permanently jeopardize your chance of moving to the USA.
Actually, come to think of it, your 10 year bar ended in June 2003 so you are fine I think.
Best.
There is a stamp by the Immigration in my country in my old passport that states i returned on June 2nd 2013.Should I carry this passport to the Interview on Wednesday?
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ananga73
Registered Users (C)
Hi just letting everyone know that I have been approved for an immigrant visa!!! Thank you all, the overstay did not hurt me as I expected because as they said I served out my ten year ban here in my home country and I got the letter after the second interview that stated YOUR IMMIGRANT VISA APPLICATION HAS BEEN APPROVED. In order for your visa to be returned to you by our free courier service you must first register online etc.THANKS once again!!!
Jackolantern
Registered Users (C)
I assume at the interview you corrected the incorrect statement about staying in the US for only 6 months?
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