• 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.

worries because of overstay

H

HoDaV

Registered Users (C)
Hi.
I have a Fear, that my whole application procedure and all the hastle is worthless. Let me explaine what happened:

I went to the US for vacataion for couple of months, visiting a friend who lives there, and at the end of my jurney I decided to stay longer. I had I-94 valid for half an year. About 30 days before it expired ( i was on time) I filed in a form for extending my non-mmigant status. A couple of months later I received a letter, which stated that before they can determin if i am eligible or not they require further information that needs to be filed in 90 days. Somehow I happened to file this information late, and I got denied because of that. Since I never wanted to violate the rule I came home. The complete number of days of my overstay is 179 days, counted from the expiration date of I-94.

Please help me determining how serious this violation was, and will it couse me being denied?!

thanks a lot
 
I've read that between 180 and 360 days its 3 years of bar, and over 360 days its 10 years.
 
and also, beacause I didnt just overstay I made moves to extend my legal stay, and maybe overstaying days count from the denial of extention not from the date the original I-94 expires

does enyone know this?
 
That doesn't matter. If your application is denied, you are out of status after the I-94 expired. Get a lawyer. Because you are under 180 days you might (MIGHT) get away without a bar, but it will still be difficult for you to get any future non-immigrant visas or enter the US (even if you get the visa, they could still send you home at the port of entry).
 
the other thing is, that the day I was leaving noone asked for my I-94, and since it was expired I didnt feel like telling the officer that i wanted to extend but got denied etc. so they might not even know what date did I leave exactly.
but I doubt it
 
so what do you recommend me to do?
is it quite risky to continue the process excluding this "problem"?
 
HoDaV said:
so what do you recommend me to do?
is it quite risky to continue the process excluding this "problem"?
Click to expand...

You are applying for DV, right? This is an immigrant visa so the note above about how you will have trouble getting a tourist visa is not relevant.

The concern is the 3-year bar. If the 3-year bar does not apply then you are in good shape. The 3-year bar attaches at 180 days. 179 < 180 but are you counting the days correctly?

Also, if you have been out of the US for 3 years, then you may have served your bar. I assume it is 3 years from when you actually left the country but that would have to be checked.

If you lie/lied on the application and said you'd never overstayed then you should keep your $750.
 
on the a;ppilcatin they ask ) if i remember well) if i have violated there overstay rule of 180 days to 360 days or 360 days or more, and since I overstayd for 179 days I ticked no, which is not a lie
 
do you have a copy (or original) of your i-94? do you have proof that you have left on 179th day?
 
I can Prove the date of arrival and the date of departure, but I dont have the I-94 anymore
 
HoDaV said:
I can Prove the date of arrival and the date of departure, but I dont have the I-94 anymore
Click to expand...

My suggestion is to bring this proof to the interview and be prepared to produce it if anyone asks.

I assume you are counting the days in Excel and that you are remembering to count inclusively (e.g. arrive 1/1/08 depart 1/2/08 is two days).
 
yes, absolutely incusively, 179 days not a day more, but a checked the form (DS-230) again, and it states that overstay of more than 180 days causes automatic denial, so 180 would still be OK

my other worry is that even if it wont cause a problem on the interview and I'll be approved I will be deported at the time of my arrival to the port of entry
 
Lucy so it is not true that even with a valid visa (DVI immigrant visa in this case) the immigration officer at POE can deny the alien entry to the US?

Im already selling averything I have I wouldn't like to be refused entry to the USA and have to be back at my country...:-(
Thanks!
 
good thanks a lot, so now I know that there is no multiple risk in my case, just the interview, thanks for helpful comments
 
Last edited by a moderator:
Lucy so it is not true that even with a valid visa (DVI immigrant visa in this case) the immigration officer at POE can deny the alien entry to the US?
Click to expand...
it is true, however, chances of it are so small, since the consular officer is the one that would make a decision in this case - and he has to follow the law. If the law allows you to get an immigrant visa, then the immigration officer at the POE would have to let you in if all your documents are in order. Your medicals and polices reports must still be valid.

immigrant visa processing takes less than 10 minutes at the POE, and they don't ask questions.
 
Overstay and DV Lotter----Urgent Can Someone Answer

Hi everyone,
A complicated situation:

-A person entered US legally on F-1 student visa (1989) and expiration date shows D/S (Duration of Stay). Person still has the I-94 in their possession.
-Personal circumstances cause person to not attend school. Person files asylum application in 2001. Case was not persued and withdrawn in 2005 as person voluntarily left US for Canada. Case was withdrawn due to the difficulty of approval from the 1-yr deadline.
-Person was approved for asylum and is now PR of Canada but is a citizen of an eligible DV country and has applied for the DV Lottery.
-How will this effect processing if the DL is won? Is there anyway to get a GC? Brother has just been approved as a PR. Person is legally married to a USC however they are a same-sex couple and it would not be recognized.

Please any advice!!!!!!!!!!!!!
 
You must log in or register to reply here.
Top