10 years ban

[AndreaF 0]

Hi Everyone,

My CN is 2014EU36xxx so I just got my email with the interview date (6th of August).
We have some serious concerns and I spent long hours to find answer to them, so after all, I really interested in your professional opinion.
I'm the main applicant and my husband and my 6 years old daughter would travel with me.
Me and my husband overstayed our tourist visa in US 10 years ago. We were there from march 2001 to December 2003, which is triggered a 10 years ban.
For 3 years we lived and worked (without legal papers) in the US, but payed taxes, lived there as regular people without any problem. Then we decided to come home (to Hungary), so we have left (not deported, never had any problem with any kind of authorities).
Than we applied for DV in 2012 October (our 10 years ban hasn't expired yet). When we checked the website on 1st of May we where extremely happy. We figured not to send the forms to KCC yet, so we only mailed them (DS-230 and DSP-122) in 2014 January when our ban is expired 4 weeks ago.
So I'm really interested if there is any chance to get the visas? I checked and we don't have any hard proof for traveling back home in 2003 December, It was 10 years ago! (except some videos what we made on the plane and on the airports).
I dont know, that, the fact itself we got our interview appointment means anything? I mean they did they background check in Kentucky and they decided our ban is doesn't count anymore and we ore OK for interview or they send the date to everyone who files all the papers properly?
Please guys, let me know you opinion. Many, many Thanks.
Andrea

Edited June 16, 2014 by AndreaF

[Idea Mani 2]

Hi Everyone,

My CN is 2014EU36xxx so I just got my email with the interview date (6th of August).

We have some serious concerns and I spent long hours to find answer to them, so after all, I really interested in your professional opinion.

I'm the main applicant and my husband and my 6 years old daughter would travel with me.

Me and my husband overstayed our tourist visa in US 10 years ago. We were there from march 2001 to December 2003, which is triggered a 10 years ban.

For 3 years we lived and worked (without legal papers) in the US, but payed taxes, lived there as regular people without any problem. Then we decided to come home (to Hungary), so we have left (not deported, never had any problem with any kind of authorities).

Than we applied for DV in 2012 October (our 10 years ban hasn't expired yet). When we checked the website on 1st of May we where extremely happy. We figured not to send the forms to KCC yet, so we only mailed them (DS-230 and DSP-122) in 2014 January when our ban is expired 4 weeks ago.

So I'm really interested if there is any chance to get the visas? I checked and we don't have any hard proof for traveling back home in 2003 December, It was 10 years ago! (except some videos what we made on the plane and on the airports).

I dont know, that, the fact itself we got our interview appointment means anything? I mean they did they background check in Kentucky and they decided our ban is doesn't count anymore and we ore OK for interview or they send the date to everyone who files all the papers properly?

Please guys, let me know you opinion. Many, many Thanks.

Andrea

I think you wont be having any issue, you are fine. The time they are going stamp your records are cleared from ban. So, no ban presently. You get your visa.

Good luck.

[Penguin_ie 5,994]

I think you will be ok.

[NigeriaorBust 4,087]

In theory you have done your punishment. The only lingering issue may be the social security numbers you used when working. If they were not your own and belonged to a USC you have the potential of a false claim of USC. ( or during any other activity )

[SusieQQQ 11,586]

Just to clarify for others who might read this: the fact that you have an interview does not mean ANYTHING about the validity of your case. KCC is not able to disqualify applicants (other than disallow duplicate entries when it does the draw), so anyone who has sent in their forms gets an appointment when their number becomes current, even if it is blindingly obvious to KCC that they will not get a visa, because the visa decision can only get taken by a consular officer.

That said... If the period of your ban is up, you will be fine.

[milimelo 4,500]

There's a number of questions on DS-260 I'm wondering how you and your husband answered - ie. did you disclose all places you lived in (including US) for 6 months or more, visa questions, overstay questions

[nightingalejules 678]

Honestly, I'm not sure that you ever actually had a ban... Were you told you did, or are you just being honest and assuming you did because you overstayed?

Not that I'm advocating lying (never lie to immigrations) but if you weren't deported, and left on your own, you might not have actually been banned. In which case your honesty of staying away for over 10 years is just a bonus.

I don't know whether it affects anything, but I agree with those who said your prior overstay shouldn't hurt you.

[NigeriaorBust 4,087]

If the person overstayed by more than 180 days they have a ban, No one comes by and tells you unless you try to re enter during your ban. Why would someone waste the money on a ticket to get turned around. You don't get a get out of jail free for leaving on your own

[aaron2020 11,651]

There are other issues here besides a ban.

What did they do while they were here?

Did they disclose their time in the US?

[AndreaF 0]

There's a number of questions on DS-260 I'm wondering how you and your husband answered - ie. did you disclose all places you lived in (including US) for 6 months or more, visa questions, overstay questions

Answered everithing honestly.

[AndreaF 0]

Thank you everybody for your opinions.

I still would like to see some more from you

Especially I'm worrying about if the officer at the interview is going to ask us some kind of proof of leaving the country in December 2003. Can they ask for it?

And the other thing is our ban period was still on when we applied in October 2012. The forms (DS-230 and DSP-122) to KCC we mailed in 2014 January when our ban is expired 4 weeks before.

Thanks again for your opinion!

[AndreaF 0]

Just to clarify for others who might read this: the fact that you have an interview does not mean ANYTHING about the validity of your case. KCC is not able to disqualify applicants (other than disallow duplicate entries when it does the draw), so anyone who has sent in their forms gets an appointment when their number becomes current, even if it is blindingly obvious to KCC that they will not get a visa, because the visa decision can only get taken by a consular officer.

That said... If the period of your ban is up, you will be fine.

It is clear now, thank you.