Am I allowed to get a visa or use the VWP?

[TomCruise00 0]

Hello I didn't know where to put this so I thought general immigration would be fair.

Basically I lived my life in america as a illegal immigrant for almost 14 years. So when i was 6 years old, i came to the states with my family and overstayed the visa.

So I decided that when i graduate high school, i would go back to my home country and come back the legal way. But now the problem is, i left the states with my mom (dad still in america) to my home country at the age of almost 19.

Now i know the legal cutoff date is 18 and 1/2 but i left when i was practically 19 (about 1 month away of being 19 so still technically 18 but way past 18 and a half)

So does that mean that i cannot get a visa or even use the vwp because i have a 3 year ban?

I just really want to make sure that i have a ban and i do not know who to contact or where to go to find out.

But does it basically mean i cannot enter the U.S. in any way even through the VWP?

The thing is though that i couldnt leave at 18 or even 18 and a half because i was still in school and if i left during the middle of school, what good would that do? That would mean i had to go back to school just to redo senior year so that is weird.

SO thats why i just finished and graduated high school and by the time i left, i was almost 19 (1 month away from 19) but still technically 18...

[Ryan H 3,903]

So does that mean that i cannot get a visa or even use the vwp because i have a 3 year ban?

If you have a ban, you cannot use the VWP at all and you will not be issued a visa without a waiver.

[Juliaa 0]

I am kind of in the same situation. I went to the U.S. with my parents for the first time when I was 8. I had a tourist visa, and I kept going back and forth every 6 months. I was going to school in the U.S. Once my visa expired, I overstayed my visa. I turned 18 in July 2009, and started my senior year. After I graduated, I came back to Romania. I married my boyfriend of 2 years here in Romania this past January but he went back to the U.S. because he is a college student and can't just give up on his education and everything. He doesn't speak Romanian so the possibility of him coming to live here is out of the question. My CR1 visa was denied due to my overstay of one year and 6 days. They told me I have to file a waiver. The problem is that these waivers require a lawyer which costs over $ 4000. My husband and I can't afford one. Does anyone know a different way to approach this? PLEASE HELP. I'm literally desperate

[canadian_wife 1,831]

You have an over stay of more than 180 after your 18th birthday. chances are you have a ban

You won't be allowed to travel on the WVP or be issued a visa until the ban has expired.

You can try to apply for a visa, thus confirming your ban - you can also ask Laural Scott your chances, she offers free chats on Wednesdays, or you can just wait the 3 years

Good luck

[TomCruise00 0]

If you have a ban, you cannot use the VWP at all and you will not be issued a visa without a waiver.

so i got a 3 year ban for sure 100%?

thats what i was wonderin and if it is so, i guess it is so.

nothin i can do.

also can you explain to me or tell me a site where i can read about gettin a waiver so i can get a visa? what does that mean?

[TomCruise00 0]

You have an over stay of more than 180 after your 18th birthday. chances are you have a ban

You won't be allowed to travel on the WVP or be issued a visa until the ban has expired.

You can try to apply for a visa, thus confirming your ban - you can also ask Laural Scott your chances, she offers free chats on Wednesdays, or you can just wait the 3 years

Good luck

would it hurt if i contact the us embassy and ask them over email if i am banned or not? would they flat out tell me or would they tell me to apply for a visa?

so is there no exception for me because i had to finish school thus overstaying.. i guess that doesnt count for anythin right?

[LIFE'SJOURNEY 970]

Finishing school is not a valid excuse, since you should not have beeen in the US school in the first place. Two wrongs don't make a right.

[Ryan H 3,903]

so i got a 3 year ban for sure 100%?

If you have an overstay of 180 days to 1 year after your 18th birthday, it's a 3 year ban. If you have an overstay of one year or more after your 18th birthday, it's a 10 year ban.

[canadian_wife 1,831]

also can you explain to me or tell me a site where i can read about gettin a waiver so i can get a visa? what does that mean?

First question, why do you need to return to the US? Simply to visit isn't going to cut it

No exceptions, you were illegally in the US attending a US school, so no, it won't make a difference that you waited until you were finished

Good luck

[TomCruise00 0]

i am not in a hurry to return to the u.s.

i was just wondering if i could use the vwp but i guess not since i have a 3 year ban

i guess i should consider myself lucky i left before i turned 19...

so after 3 years, if i try to get a visa, will they hold me suspicious or treat me differently then others because i lived as an illegal?

is it permanently on my record?

either wait out the 3 years or i can get married to an american? (<< im not trying to say i will marry an american jus so i will get a green card and i know how hard that process is but im just saying these are my only options)

[NigeriaorBust 4,087]

You will NEVER be able to use the VWP. Any overstay means that you can never use the VWP to travel and must travel with a visa after that .

[Jojo92122 1,925]

I am kind of in the same situation. I went to the U.S. with my parents for the first time when I was 8. I had a tourist visa, and I kept going back and forth every 6 months. I was going to school in the U.S. Once my visa expired, I overstayed my visa. I turned 18 in July 2009, and started my senior year. After I graduated, I came back to Romania. I married my boyfriend of 2 years here in Romania this past January but he went back to the U.S. because he is a college student and can't just give up on his education and everything. He doesn't speak Romanian so the possibility of him coming to live here is out of the question. My CR1 visa was denied due to my overstay of one year and 6 days. They told me I have to file a waiver. The problem is that these waivers require a lawyer which costs over $ 4000. My husband and I can't afford one. Does anyone know a different way to approach this? PLEASE HELP. I'm literally desperate

The only alternative to a waiver is to wait for the ban to be over.

[Boiler 47,543]

You are not eligible to use the VWP.

You could apply for a B2 Visitor Visa, you would be denied due to the ban, there is a waiver that could be applied for, you would need a very good reason for the Consular Officer to put you forward for it.

After 3 years you can apply for a B2 without the need for a waiver. Assume you will need to show very strong ties and have a good reason to want to visit.

[Robby999 1,024]

I am kind of in the same situation. I went to the U.S. with my parents for the first time when I was 8. I had a tourist visa, and I kept going back and forth every 6 months. I was going to school in the U.S. Once my visa expired, I overstayed my visa. I turned 18 in July 2009, and started my senior year. After I graduated, I came back to Romania. I married my boyfriend of 2 years here in Romania this past January but he went back to the U.S. because he is a college student and can't just give up on his education and everything. He doesn't speak Romanian so the possibility of him coming to live here is out of the question. My CR1 visa was denied due to my overstay of one year and 6 days. They told me I have to file a waiver. The problem is that these waivers require a lawyer which costs over $ 4000. My husband and I can't afford one. Does anyone know a different way to approach this? PLEASE HELP. I'm literally desperate

so i got a 3 year ban for sure 100%?

thats what i was wonderin and if it is so, i guess it is so.

nothin i can do.

also can you explain to me or tell me a site where i can read about gettin a waiver so i can get a visa? what does that mean?

http://www.immigrate2us.net

[Brother Hesekiel 2,236]

Even if the bar is served, you will never, ever in your lifetime be able to use the VWP again and you will never, ever in your lifetime will get a non-immigrant visa to the U.S. again. This has nothing to do with the bar. The bar is an automatic "not a chance in hell" for 3 or 10 years. After the bar is served, you can apply for a tourist vis like anybody else and will be denied because of assumed immigration intend.

End of story.

The only visa you would be able to get after the bar is served is an immigrant visa. So if you are married to a U.S. citizen or have a U.S. citizen parent who files an I-130 petition for you, that would work. Visitor visa, student visa, work visa . . . never again as long as you live.