Question on Visa overstay

maxine

New Member
Hi guys,
Has anybody been in this situation? What was the advise given to you?
I am expecting a CP interview in couple of months (Montreal). I currently live in Canada.
Before leaving the US a couple of years back, I was working on H1.
At the time of expiry of the 6 year term, my I-140 was being processed.
I stayed back after the H1 expired hoping to make use of 245(k)/(i) and apply for AOS.
Unfortunately the I-140 was delayed (finally took over a year to process),
and I left the US just before 6 months of overstay.
Although less than six months of overstay should not technically be a reason for refusal of Visa,
does anyone have any information of what really happens in such cases?
 
No Title

Yes:
1)I answered truthfully about the place and duration of residences on the forms.
2)The last tax return filed in the US will show the income received during that year for the overstay period
 
what proof does ins have for overstay?

visitors visa trying to visit us for couple of months. Overstayed by 35 days during last visit couple of years back
Has a 5 yr visa .
Do i need to take a new visa?
 
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