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Filed: Country: Canada
Timeline

Hey Everyone,

Here is a quick history, I stayed in the US when I had my child for a total of 10 months continously, I tried to go back and they denied me. So, basically, I overstayed roughly 4 months.

On page 4 of the DS-230, question H asks: An Alien who ...was previously unlawfully present in the US for more than 180 days but less than a year .... OR an aggregate of one year.

So here is the thing, before the last stay, I was in Toronto for Two weeks, but I was in the US for the most part of the last two years. and in the last 10 years, I was there A LOT!!!!

Its a YES or NO question, I just want to know if I am understanding the question CORRECTLY.-

I think the answer is NO, can I please get some help with this.

I am probably making it more difficult but I am sure you all understand

Thanks in advance


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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

You are correct the answer is "no." The key word is "unlawfully present." As long as each stay was the correct amount of time and you only had ONE overstay, you are fine.

You will have to explain though on Question 32 about having been denied entry.

Edited by emt103c

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Filed: Country: Canada
Timeline

As always, emt103, Thanks

Actually I had an overstay 4 years ago as well but only of one month or so!

So the aggregate part would not apply to me????

You are correct the answer is "no." The key word is "unlawfully present." As long as each stay was the correct amount of time and you only had ONE overstay, you are fine.

You will have to explain though on Question 32 about having been denied entry.


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Filed: Lift. Cond. (pnd) Country: India
Timeline

"Here is a quick history, I stayed in the US when I had my child for a total of 10 months continously, I tried to go back and they denied me. So, basically, I overstayed roughly 4 months."

what do you mean by tried to go back and they denied you ?? Do you mean they didnt allow you to go back to canada ?? may be i am misunderstanding ..


AOS
Married: June 9, 2008.
Visa expired : June 12, 2008
Filed for AOS . Sent through USPS Priority Express : March 03, 2009
Package Delieverd at USCIS: March 05, 2009
March 13, 2009 : Checks Cashed
March 13, 2009 : NOA 1 received on I-485, I-130, I-765. Dated March 11th, 09
March 17, 2009 : Biometrics Letter recieved (Dated 13th March). Interview on 1st week of April
April 2, 2009 : Biometrics done. Total time taken with wait 20 mins.
April 22, 2009 : Called USCIS. They have received fingerprints and work permit is in process.
May 7, 2009 : I-765 case online. Card Production ordered.
May 11,2009 : EAD card received.
May 12,2009 : Applied for SSN.
May 18,2009 : Received SS card.
June 08,2009 : Received Letter for Interview ( scheduled on July 14 th July )
July 14th : Great Interview. All done in 20 mins.
July 18th: Online status - Card Production ordered. Thank God !! I-130 online status : Pending
July 23rd : Welcome to USA & I-130 approval letter recieved. Online status still shows pending.
July 31st : Received conditional green card
Removing Condition
3/25/11 - Received reminder from USCIS to file for ROC
5/6/11 - Sent I-751 Packet to CSC via usps
5/9/11- Package delivered to csc.
5/11/11- Check cashed electronically by CSC
5/16/11- NOA 1 received
5/27/11 - Biometrics letter received.Scheduled on 06/06/11. Case Online
6/6/11 - Biometrics done
9/6/11 - Approved.Card Production Ordered
9/12/11- Card Received

Citizenship

10/13/15 : Sent N400

10/16/15 : NOA

11/13/15 : Fingerprints

11/17/15 : In Line for Interview

01/11/16 : Interview- Passed & Given Oath letter & Date by hand

01/14/16 : Oath Ceremony done & Naturalization Certificate in hand.Proud citizen of USA

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Filed: Country: Canada
Timeline

Correct, although the day I left the US for the last time, it took a lot of effort for me to get into Canada because my passport expired two days after having my son!!!

But essentially, emt103 is right


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