• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

Overstaying Visa (declaration on DS-260) ??

K

Kevin7777

New Member
Hello all members,

I'm a selectee of DV2018 for Europe region.

I need an professional opinion for one question.

I have overstayed an EU Visa for about 10 months.


Should I declare this OverStaying in DS260 Form?

I underline that this is NOT a US OverStay.

If I should declare the OverStaying in DS260, in which
point should I disclose this fact??

Because as I understand, most of the answers in DS260
are related to the UNITED STATES (not other countries)
* Have you ever violated in US any immigration law.....

Can a CO refuse my case, based only on the EU Overstay ??

I have never been in US (automatically never overstayed).


I am very concerned about this matter.


Thanks a lot
 
Kevin7777 said:
Hello all members,

I'm a selectee of DV2018 for Europe region.

I need an professional opinion for one question.

I have overstayed an EU Visa for about 10 months.


Should I declare this OverStaying in DS260 Form?

I underline that this is NOT a US OverStay.

If I should declare the OverStaying in DS260, in which
point should I disclose this fact??

Because as I understand, most of the answers in DS260
are related to the UNITED STATES (not other countries)
* Have you ever violated in US any immigration law.....

Can a CO refuse my case, based only on the EU Overstay ??

I have never been in US (automatically never overstayed).


I am very concerned about this matter.


Thanks a lot
Click to expand...

This is not a professional opinion. If you want that, pay a lawyer to give you one.

In the DS260 document your periods of stay accurately and honestly. That means you do not have to reveal the overstay UNLESS a question asks for it. For instance - if you have been arrested, you would document that. If you overstayed but have not had any such problem, then it is unlikely to come up, either on the DS260 or at the interview.
 
Like Simon, if you need a professional opinion you need to talk to a lawyer. And be sure to present your full story in order to get the full benefit of your money, don't present a half and half story to them.

I believe this particular question you're asking has to do with your being arrested and eventually detained due to your being out of status which you talked about in a previous post and to which I responded you need to declare.

You are required to accurately list previous addresses. You are required to disclose all or any arrests you've had, even if the arresting officer never said "you're under arrest" since you ended up being detained. And this is where you get to tell your story of how your being detained had to do with your visa overstay.
 
Britsimon said:
This is not a professional opinion. If you want that, pay a lawyer to give you one.

In the DS260 document your periods of stay accurately and honestly. That means you do not have to reveal the overstay UNLESS a question asks for it. For instance - if you have been arrested, you would document that. If you overstayed but have not had any such problem, then it is unlikely to come up, either on the DS260 or at the interview.
Click to expand...

Thank you for your fast replies.
I don't wanted to say "a professional opinion". I typed wrongly. I wanted to say : ... I need your opinion as professional persons (you have great experiences). Personally I met some lawyers (they are graduated) but they are ignorant in this field (DV Lottery). I think that Mom, Simon, Sussie, Emily and others (sorry that I didn't mention all) are the BEST professionals in the DV2018 field. It doesn't matter that, they are not graduated as "Lawyers". The above persons are very intelligent, and they have extensive (deep) knowledges on DV process. Your advices are very precious.
Thank you in advance
 
Sm1smom said:
Like Simon, if you need a professional opinion you need to talk to a lawyer. And be sure to present your full story in order to get the full benefit of your money, don't present a half and half story to them.

I believe this particular question you're asking has to do with your being arrested and eventually detained due to your being out of status which you talked about in a previous post and to which I responded you need to declare.

You are required to accurately list previous addresses. You are required to disclose all or any arrests you've had, even if the arresting officer never said "you're under arrest" since you ended up being detained. And this is where you get to tell your story of how your being detained had to do with your visa overstay.
Click to expand...

Thanks a lot Mom. As you adviced me some days ago, I did the changes on my DS260 (I declared my arrest there) but not Overstaying. I thought that Overstaying is not part of the question (Have you ever been arrested.....) But I'm preparing myself to answer the CO for this detail, if he/she will ask me during the interview.
I was detained not just for Visa Overstaying, but also for another reason too. I claimed Asylum when I was in detention, and Immigration doesn't not let anyone, outside the Immigration Center, during the Asylum process (till the end).

Very few guys were realised in Bail, during the Asylum process.

1. Is it considered a Country Ban, (3 or 10 years) a conviction (I mean administrative conviction), is not a criminal matter ?

2. Is considered an Immigration Center (where a person is temporarily detained)
a residence, or a fixed address? In these places the detainee can be removed (out of the country in any time). Specially when the period of time is less than 6 months? I remember that the DV instructions say : When someone stay in a hotel for holidays, or similar places is not neccesary to be declared in DS260 ??

Thank you for your precious advices
 
Kevin7777 said:
Thanks a lot Mom. As you adviced me some days ago, I did the changes on my DS260 (I declared my arrest there) but not Overstaying. I thought that Overstaying is not part of the question (Have you ever been arrested.....) But I'm preparing myself to answer the CO for this detail, if he/she will ask me during the interview.
I was detained not just for Visa Overstaying, but also for another reason too. I claimed Asylum when I was in detention, and Immigration doesn't not let anyone, outside the Immigration Center, during the Asylum process (till the end).

Very few guys were realised in Bail, during the Asylum process.

1. Is it considered a Country Ban, (3 or 10 years) a conviction (I mean administrative conviction), is not a criminal matter ?

2. Is considered an Immigration Center (where a person is temporarily detained)
a residence, or a fixed address? In these places the detainee can be removed (out of the country in any time). Specially when the period of time is less than 6 months? I remember that the DV instructions say : When someone stay in a hotel for holidays, or similar places is not neccesary to be declared in DS260 ??

Thank you for your precious advices
Click to expand...

1. There's no 3 or 10 year ban at play here, your overstay wasn't in the US.

2. I don't think so.
 
Sm1smom said:
1. There's no 3 or 10 year ban at play here, your overstay wasn't in the US.

2. I don't think so.
Click to expand...

Sorry Mom, I didn't understood well your last answer (Point 2).

* What you mean : Should I declare in DS260 as a different address the Immigration Center? I have been transferred in 3 different Centers (police station and after 3 Immig. Centers) in all period of 3 months. I have been in only 1 address for whole time in UK (which I have declared) exclude Detention period.

* Mom, what you suggest me? To do any neccessary change in DS260?

Thank you in advance
 
You must log in or register to reply here.
Top