Visa transfer denied - Out of status for almost 180 days - Help needed

M

merylc

New Member
Hi,

After multiple tries, my petition got denied. I am now close to 180 days out of status. I am moving back to France before the 180 days mark.
I have only a month left, which does not leave me enough time to sell all my belongings, car, motorcycle etc...

I will need to come back on a tourist visa to finish everything, will it be a problem to come back a month later.

I already have a job offer in France, bank account with cash, home address etc... I will have round trip ticket. I will also explain that per my lawyers advice I staid in the US out of status as we were expecting my case to be solved without working and without exceeding 180 days.

Will that be enough to prove the agent at the custom that I am not planning to stay in the US?

Thanks
 
No, your overstay will play against you if you use VWP. You may have a negative outcome also if you try to get a US visit visa. Your chances will be better if you stay in France for a little while and develop ties over there.
 
Hi - Thanks for your help.

It is a tricky situation. I understand why the agent would suspect that I want to stay illegally but this is definitely not the case and I have everything to prove it. How long should I stay in France in your opinion? I am aware there is no secret formula that will make it work, but I am following the rules here and not trying to be sneaky.

Also, is there a risk of getting banned when trying to come back on VWP, even though I did not stay illegally in the US?

Thanks again for your help
 
Hi,

I did not need a travel authorization as I entered the US with my visa. My I-94 does not have an expiration date, officer 's mistake. Should I remain outside of the US for 2 months then? Then come back and sell all my belongings. I would come back for 3 weeks most likely.
 
merylc said:
Hi,

I did not need a travel authorization as I entered the US with my visa. My I-94 does not have an expiration date, officer 's mistake. Should I remain outside of the US for 2 months then? Then come back and sell all my belongings. I would come back for 3 weeks most likely.
Click to expand...

Although not stamped, one is likely on file.

You can (and should) make arrangements via a power of attorney for someone to act on your behalf.
 
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