Student visa overstay

[julis82 10]

Hi I have a US citizen family member that married a foreigner 6 years ago but he overstayed his visa for 6 days and they went back to mexico. 

He has a ban I wanted to confirm if he overstay is forgivenot since his is married to us citizen.

They both are living in Mexico with 2 kids trying to get him back in the US.

[julis82 10]

Hi I have a US citizen family member that married a foreigner 6 years ago but he overstayed his visa for 6 days and they went back to mexico. 

He has a ban I wanted to confirm if he overstay is forgivenot since his is married to us citizen.

They both are living in Mexico with 2 kids trying to get him back in the US.

[Boiler 43,429]

Depends what his ban is for.

[aleful 1,905]

hi

 

exactly, what is the ban for? because there is no ban for a 6 day overstay. but you haven't said what is the ban

 

being married to a USC doesn't mean the ban is forgiven if the spouse leaves the country, the ban is triggered once a person leaves the country. but in general there is no ban for illegal presence on a 6 day overstay

Edited April 29, 2017 by aleful

[julis82 10]

The ban is because he overstayed 6 days that's it. That's why he has the ban

[aleful 1,905]

hi

 

as I said there is no ban for a 6 day overstay, bans for illegal presence start after 6 months of living illegally in the country

 

from 6 months to a year, the ban is 3 years, over a year of illegal presence in the country, the ban is 10 years

 

since the overstay was less than 6 months, there is no ban.

[julis82 10]

Great thx guys

[Jojo92122 1,924]

If you want good answers, then you need to give us good information.

 

What was his status in the US?  What visa does he hold?  How long was he in the US?

 

There is no overstaying a student visa since a person is legal for the duration of stay (D/S).

 

No one gets a ban for 6 days of overstay.  That's not the law.

 

A overstay does invalidate his visa.  Just because his visa got cancelled, it doesn't mean he has a ban.

 

There is a difference between a ban and not being admitted into the US for lack of a visa.

 

Give us the details.

Edited April 29, 2017 by Jojo92122

[jan22 2,898]

A ban for what?  An overstay of only 6 days does not result in a ban.  Plus, if he was on a student visa, he was lIkely admitted "Duration of Status" (D/S) -- which means that, while he mght have been out of status, he could only accumukate overstay time if an immIgration judge or USCIS ruled he had overstayed.  So, he doesn't have a ban, or he over stayed longer than 6 days, or he has a ban for some other reason(s).

 

If he does actually have a ban for overstaying, and they are outside the US, he will be told during his visa interview that he needs to file for a 601 waiver of the overstay.

Edited April 29, 2017 by jan22

[julis82 10]

He is no longer in the US. After his 6 day overstay he went back to mexico and never came back. The Mexican consulate told him he has a ban, apparently my family member never really researched the situation.

They been living in Mexico ever since with 2 kids trying to bring him back to the US via Mexican consulate

[aleful 1,905]

did he show proof of when he left the US and proof of living in Mexico all these years?

 

they might think he left at a later date, incurring in a ban

 

 

 

 

[julis82 10]

I will get more info on it. It's been crazy lately trying to bring him back.

I appreciate all the quick answers bit I will look for more info about it.

[Boiler 43,429]

very odd

[Jojo92122 1,924]

3 hours ago, julis82 said:

I will get more info on it. It's been crazy lately trying to bring him back.

I appreciate all the quick answers bit I will look for more info about it.

It would be best if your family member and her spouse to join VJ and ask for help directly.  Going through you as the middle man is just going to create confusion since you only have part of the information.  Answers based on incomplete information is going to be bad answers.

[sparkles_ 456]

The ban is for an overstay of over 180 days but less than a year. It should be for 3 years if I remember right. Under 180 is never mentioned, and the Mexican consulate has ZERO power to give a ban or know if someone is banned. That is USCIS info. Overstay is forgiven if you marry a citizen AND never left the country. I think it is the 601 unlawful presence waiver that this person would need.....if they have a ban at all. 

 

I think your person should just apply as a normal IR1/CR1 and see what happens, I doubt there is any real ban. If you need a waiver you will be told at the interview or via mail beforehand possibly.