Overstay Qu.

[ohmy 0]

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

[emt103c 10]

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 January 8, 2009 by emt103c

[ohmy 0]

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.

[emt103c 10]

As far as I can tell, it would not apply to you.

[christera22 8]

"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 ..

[emt103c 10]

She means, went back to Canada, then tried to return to the U.S. using her Canadian passport. . .

[ohmy 0]

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