Overstay Qu.

[ohmy 0]

Does anyone know people that have overstayed less than 180 days but when they go for their interview, they did not have to file a waiver.

I probably should post this in the Canadian forum but I just want to hear from people who have experience in the Waiver forum.

[spookyturtle 9,465]

According to the INA, section 212(a)(9)(B), there is no ban for an overstay of less than 180 days. If the consulate tried to require a waiver, you would have a strong argument against it. If the visa is denied, they must give you the reason why and state that you are eligile for a waiver under section xxxx, etc. If they denied due to an overstay of less tha 180 days, it would be a mis-application of the law and could be overturned at the consulate level.

For more information, checkout immigrate2us.net.

[emt103c 10]

ditto. . .no ban until 180 days. . . and if you're Canadian, if they didn't declare an overstay (while it was happening) the ban is not supposed to apply because of the Advisory Opinion that discusses Canadians have D/S status while staying in US because of non-issuance of I-94's.

[Carlawarla 1]

Does anyone know people that have overstayed less than 180 days but when they go for their interview, they did not have to file a waiver.

I probably should post this in the Canadian forum but I just want to hear from people who have experience in the Waiver forum.

First off, you don't need to file a waiver if you stayed less than 180 days over. I looked at your previous postings, and I don't understand why you're worried about this. You stayed approximately 120 days too many. I don't know the exact dates however. Did you count the days? Look for some postings of MissStacy. She didn't stay too long, but was denied entry, fingerprinted, notation made on her passport etc. when she went to visit one time, and they told her that she needs to apply for a visa to get across next time. They got married, and at the interview explained why she was denied entry the one time etc. and they had no problem.

Unless you know something we don't, you're just having to wait for things like the rest of people for approval. I know it sucks being away from your loved ones. In hindsight, there are other things you could have done so that you wouldn't have to be apart now, but that's moot since again, it's in the past. Look at the bright side in having found the love of your life, and sharing your baby between you, and knowing that you'll be together for the rest of your lives!

Edited September 4, 2008 by Carlawarla

[ohmy 0]

Thanks, I appreciate your comments, all of you have given me great information.

I thought for an overstay of less than 180 days, it is a three-year ban!!!????

I will check out the Advisory Opinion as well, thanks emt103c, you've helped me before as well.

I will definitely look up MissStacy's page. It has been almost a year with out any approval and I am tired of waiting although I know there are many like me, it gets very frustrating. As I am sure everyone on this site can understand.

The only thing I didn't mention is a few years ago, I overstayed by a couple of weeks- more than three years ago, I dont think that would make a difference and the officer never mentioned anything!. And since I met my husband, I stayed with him, I never overstayed until I was pregnant and had a baby which I already explained)! If that is not an issue, than I really just have to stop worrying- although, unfortunately that is my nature.

Thanks again to all of you!!

Does anyone know people that have overstayed less than 180 days but when they go for their interview, they did not have to file a waiver.

I probably should post this in the Canadian forum but I just want to hear from people who have experience in the Waiver forum.

First off, you don't need to file a waiver if you stayed less than 180 days over. I looked at your previous postings, and I don't understand why you're worried about this. You stayed approximately 120 days too many. I don't know the exact dates however. Did you count the days? Look for some postings of MissStacy. She didn't stay too long, but was denied entry, fingerprinted, notation made on her passport etc. when she went to visit one time, and they told her that she needs to apply for a visa to get across next time. They got married, and at the interview explained why she was denied entry the one time etc. and they had no problem.

Unless you know something we don't, you're just having to wait for things like the rest of people for approval. I know it sucks being away from your loved ones. In hindsight, there are other things you could have done so that you wouldn't have to be apart now, but that's moot since again, it's in the past. Look at the bright side in having found the love of your life, and sharing your baby between you, and knowing that you'll be together for the rest of your lives!

Edited September 4, 2008 by ohmy

[Carlawarla 1]

Thanks, I appreciate your comments, all of you have given me great information.

I thought for an overstay of less than 180 days, it is a three-year ban!!!????

I will check out the Advisory Opinion as well, thanks emt103c, you've helped me before as well.

I will definitely look up MissStacy's page. It has been almost a year with out any approval and I am tired of waiting although I know there are many like me, it gets very frustrating. As I am sure everyone on this site can understand.

The only thing I didn't mention is a few years ago, I overstayed by a couple of weeks- more than three years ago, I dont think that would make a difference and the officer never mentioned anything!. And since I met my husband, I stayed with him, I never overstayed until I was pregnant and had a baby which I already explained)! If that is not an issue, than I really just have to stop worrying- although, unfortunately that is my nature.

Thanks again to all of you!!

Does anyone know people that have overstayed less than 180 days but when they go for their interview, they did not have to file a waiver.

I probably should post this in the Canadian forum but I just want to hear from people who have experience in the Waiver forum.

First off, you don't need to file a waiver if you stayed less than 180 days over. I looked at your previous postings, and I don't understand why you're worried about this. You stayed approximately 120 days too many. I don't know the exact dates however. Did you count the days? Look for some postings of MissStacy. She didn't stay too long, but was denied entry, fingerprinted, notation made on her passport etc. when she went to visit one time, and they told her that she needs to apply for a visa to get across next time. They got married, and at the interview explained why she was denied entry the one time etc. and they had no problem.

Unless you know something we don't, you're just having to wait for things like the rest of people for approval. I know it sucks being away from your loved ones. In hindsight, there are other things you could have done so that you wouldn't have to be apart now, but that's moot since again, it's in the past. Look at the bright side in having found the love of your life, and sharing your baby between you, and knowing that you'll be together for the rest of your lives!

And I thought there was no ban if under 180 days?

[spookyturtle 9,465]

And I thought there was no ban if under 180 days?

You are correct.

[ohmy 0]

Wasn't so sure because when I went through the POE, the officer said that he could have banned me for 53 or 5 yeas but wouldn't and said I only nee to get the 130 Visa- So I have not even visited since then it may copen up a bigger can of worms, you know what I mean?

Thanks, I must stop worrying

[emt103c 10]

If you overstay, they can keep you from entering at the border without a visa, but frankly they can do that for any reason. . .Canada's program is similar to the Visa Waiver Program where if you overstay they can just make you ineligible without a visa. . .they were telling you that they could have done an expedited removal. . . it would have been unwarranted, but they have more power at the border now than they know what to do with.

As for visa eligibility. . .if your overstay is less than 180 days you are still eligible, no waiver necessary.

[Boiler 43,676]

With a prior overstay, a visa would have been needed to re-enter.

[ohmy 0]

Does that mean that with in the last three years OR if I ever overstayed. I believe I didn't overstay about 5 years ago but I may have by a couple of weeks- At the MOST. But I dont know for sure! No one has ever said anything to me anywhere- at the border or airport, does that mean that I HAVE to fill out a waiver????? I was so UNAWARE about what the laws were for an OVERSTAY or that that law even existed until I was stopped at the border over a year ago!!!!!!!

[Boiler 43,676]

Does that mean that with in the last three years OR if I ever overstayed. I believe I didn't overstay about 5 years ago but I may have by a couple of weeks- At the MOST. But I dont know for sure! No one has ever said anything to me anywhere- at the border or airport, does that mean that I HAVE to fill out a waiver????? I was so UNAWARE about what the laws were for an OVERSTAY or that that law even existed until I was stopped at the border over a year ago!!!!!!!

My understanding is that Candians do not usually need a Visa to enter the US for certain limited activities, basically those that co-incide with a Visitor Visa for others.

And that they can stay for up to 6 months.

But if they have an Immigration violation such as a previous overstay they would need a Visa. No time limit. It may be a question that comes up, it may not.

[emt103c 10]

Boiler is right. . . it may come up, it may not. A lot of shorter overstays never get caught because there is no formal record for Canadians (no I-94, etc.) The only time these things come up is in the case of visa applications and really hyper border patrol agents when something seems suspicious.

If applying for a visa though, the Advisory opinion and duration of status rule applies.

However, since your overstay was under 180 days, there is no ban anyway.

Edited September 8, 2008 by emt103c

[Boiler 43,676]

Boiler is right. . . it may come up, it may not. A lot of shorter overstays never get caught because there is no formal record for Canadians (no I-94, etc.) The only time these things come up is in the case of visa applications and really hyper border patrol agents when something seems suspicious.

If applying for a visa though, the Advisory opinion and duration of status rule applies.

However, since your overstay was under 180 days, there is no ban anyway.

The issue is not a ban for overstaying, it is for entering without a visa, not eleible for visa free entry due to prior overstay.

[emt103c 10]

Does anyone know people that have overstayed less than 180 days but when they go for their interview, they did not have to file a waiver.

I probably should post this in the Canadian forum but I just want to hear from people who have experience in the Waiver forum.

But the original question, seen above, is about a visa interview and filing a waiver. I'm just trying to repeat both scenarios.

Also, my answer involves the fact that most Canadians don't get caught in overstays. . .it's just not possible without I-94's.

I thought I was agreeing with you. You're not eligible after an overstay, your response said

"It may be a question that comes up, it may not."

I agree.

Edited September 9, 2008 by emt103c