VWP overstay will it affect our CR1??

[Steph1988 11]

We have filed and are now playing the long cruel waiting game for our noa2, my husband came back over in august on the VWP, he overstayed by 140odd days, he was never asked to leave, never had warrant etc etc, he left on his own accord so we could do this hassle free, but when he left they took his passport were gone around 30mins an then returned saying dont return with out a visa, which hopefully we shall have, will this cause a problem for us, he was never given a ban nor did he get in anyway letters or warnings etc just told to get a proper visa next time, i hope this doesnt affect us or cause a delay????

[Rushton50 10]

I would seek legal advice if I were you...Overstays under normal circumstances start an immeadiate ban...accruing a ban but from what point I am unsure, but mau not tell him unless he tries to enter again

[Harpa Timsah 13,258]

Ban kicks in at 180 days - he is under that threshold so no ban to worry about. They might ask him about the overstay. He can never use the VWP again, but no matter to you because he will be a GC holder. Good luck!

[Steph1988 11]

I would seek legal advice if I were you...Overstays under normal circumstances start an immeadiate ban...accruing a ban but from what point I am unsure, but mau not tell him unless he tries to enter again

i spoke to an attorny he said if it was over 180days to a year, its 3year ban, anything over a year is a 10year ban, so we are in the clear with that but they will grill him an it may delay petition but it wont affect us or decline visa on that reason

[Rushton50 10]

i spoke to an attorny he said if it was over 180days to a year, its 3year ban, anything over a year is a 10year ban, so we are in the clear with that but they will grill him an it may delay petition but it wont affect us or decline visa on that reason

Then you have little or nothing to worry about, but they may ask them about the overstay, just be honest as to why