Tourist visa denied

[Boiler 43,576]

Dear Aaron,

Most of the people I know who overstayed even by a small amount got a 10 year ban. This is also printed in the immigration guidelines. What I was stating is that I do not know what exceptions exist. I stand by that statement.

Best Regards.

Which is horribly wrong.

[Blue Raven 3]

Which is horribly wrong.

Most people in the country illegally overstay their student visa or other visas and therefore are often here for longer than a year. I specifically said that I did not personally know if length mattered.

http://www.nydailyne...ticle-1.2164223

If you actually look at the guidelines, you will see that my statement was accurate.

I assumed that people in this forum would prefer facts and our personal experiences, even if they are things that they wouldn't want to hear. Also, the fact that he has been denied for years, supports the statement that they are keeping him out for an extended period of time. How long? I do not know.

I saw a dozen or so references to 10 year bans on actual official sites and news articles.

Again, Best Regards,

Edited May 13, 2016 by Arlinda

[Boiler 43,576]

Most people in the country illegally overstay their student visa or other visas and therefore are often here for longer than a year. I specifically said that I did not personally know if length mattered.

http://www.nydailynews.com/new-york/undocumented-immigrants-apply-ban-waiver-article-1.2164223

If you actually look at the guidelines, you will see that my statement was accurate.

I assumed that people in this forum would prefer facts and our personal experiences, even if they are things that they wouldn't want to hear. Also, the fact that he has been denied for years, supports the statement that they are keeping him out for an extended period of time. How long? I do not know.

I saw a dozen or so references to 10 year bans on actual official sites and news articles.

Again, Best Regards,

You are obviously clueless, Student visa's are usually D/S.

[Blue Raven 3]

You are obviously clueless, Student visa's are usually D/S.

Okay. This is no longer productive. You will get no more replies from me. Have a great day.

[aaron2020 11,651]

Dear Aaron,

Most of the people I know who overstayed even by a small amount got a 10 year ban. This is also printed in the immigration guidelines. What I was stating is that I do not know what exceptions exist. I stand by that statement.

Best Regards.

Please show us these immigration guidelines. Why can't you just admit you're wrong so people can get the right information? Why dig a bigger hole for yourself?

The ones that I have read states people who overstay even by a small amount don't incur any ban.

0-180 days of unlawful presence = no ban

181- less than 1 year of unlawful presence = 3 year ban

more than 1 year of unlawful presence = 10 year ban

http://www.alllaw.com/articles/nolo/us-immigration/consequences-of-overstaying-on-temporary-visa.html

There are three levels of penalties for overstaying a U.S. visa and accruing unlawful presence that can end with you being banned from the U.S. for a period of time -- or permanently.

• If you accrue unlawful presence of more than 180 continuous days but less than one year, but you leave before any official, formal removal procedures (i.e. deportation) are instituted against you, you will be barred from reentering the United States for a period of three years.
• If you accrue unlawful presence of more than 365 continuous days, then leave prior to any deportation or other formal procedures being instituted against you, you will be subsequently barred from reentering the United States for a period of ten years.
• If you accrue unlawful presence of more than one year total (in the aggregate, not necessarily continuous), or are ordered removed (deported) from the U.S., and subsequently attempt to enter without inspection (for example, attempt to sneak across the border), then you will be permanently barred from the U.S., with no waiver available except to VAWA self-petitioners. (After ten years, however, you can request special permission to apply for a U.S. visa or green card.)

http://www.apsanlaw.com/law-147.the-310-year-bar-to-re-entry.html

The 1996 Illegal Immigration Reform and Responsibility Act (IIRAIRA) produced a three-year, ten year, and permanent bars on admission to the U.S. for an assortment of immigration status violations.

The three-year bar to re-entry into the U.S. applies to persons who have been unlawfully present in the United States for a continuous period of more than 180 days (6 months), but no more than one year, and who voluntarily depart the U.S. Departing the U.S. activates the bar, even if the trip is to a consular process to obtain an immigrant visa.

The ten-year bar to re-entry into the U.S. applies to individuals unlawfully present in the U.S. for an cumulative period of one year or more who depart voluntarily Unlawful presence begins to accumulate when the period of authorized stay elapses or after an entry to the U.S. without inspection.

Edited May 13, 2016 by aaron2020

[caliliving 606]

Most people in the country illegally overstay their student visa or other visas and therefore are often here for longer than a year. I specifically said that I did not personally know if length mattered.

http://www.nydailyne...ticle-1.2164223

If you actually look at the guidelines, you will see that my statement was accurate.

I assumed that people in this forum would prefer facts and our personal experiences, even if they are things that they wouldn't want to hear. Also, the fact that he has been denied for years, supports the statement that they are keeping him out for an extended period of time. How long? I do not know.

I saw a dozen or so references to 10 year bans on actual official sites and news articles.

Again, Best Regards,

People in this forum are fully aware that people overstay visitor and F1 student visas for years.. then they dont leave and eventually get married and get a GC because overstay is forgiven once married to a US Citizen...so you can stay as long as you want and then adjust through marriage.. once you LEAVE you will then incur the ban... the OP does not have a ban, but yes, he can be denied entry and anyone coming into american can be denied entry for any reason.

yes, people incur a 10 year ban once they overstayed in america by more than a year, and then LEAVE america.. then they trigger the 10 year ban!!!

the OP doesnt have a ban, and while he did overstay by 1 day and it makes it harder to get into the USA, the fact that if he wanted to stay here his wife, a USC, could petition for him and bring him to america.. the fact that they spent the time and money to get residency in australia show that they really have no intent to stay or overstay in america and will go back to auz.

[aaron2020 11,651]

Most people in the country illegally overstay their student visa or other visas and therefore are often here for longer than a year. I specifically said that I did not personally know if length mattered.

http://www.nydailyne...ticle-1.2164223

If you actually look at the guidelines, you will see that my statement was accurate.

I assumed that people in this forum would prefer facts and our personal experiences, even if they are things that they wouldn't want to hear. Also, the fact that he has been denied for years, supports the statement that they are keeping him out for an extended period of time. How long? I do not know.

I saw a dozen or so references to 10 year bans on actual official sites and news articles.

Again, Best Regards,

That's your research? A 4 paragraph news article? Pathetic. That's not an immigration guideline by any stretch.

Furthermore, people on student visas do not incur days of unlawful presence and therefore don't get bans.

You talk about facts and you brought NONE. Followed by "I don't know" and you're still think you're right when legal articles say you are wrong.

Please show us your "dozen or so references to 10 year bans on actual official sites" for even a little overstay.

[randomstairs 270]

The main factor they consider, besides security issues, etc, is the potential immigrant intent. Overstaying a visa for a day or even a week or so clearly does NOT suggest higher risk of intention to immigrate. I also seriously doubt that he needs to prove that the flight was canceled/late. He may have to explain it, yes, but there is no reason for them to investigate such a trivial issue further as there are no red flags around it. Also, investing so much money into your residency permit in Australia DOES clearly show strong ties to the country and intent to return there after the trip. So no worries.

Do get a visa though before you travel and explain the situation at the consulate! That's gonna be further reassurance. Ask them if in the future he could utilize the visa waver program. Good luck.

Edited May 13, 2016 by randomstairs

[Boiler 43,576]

The main factor for any non immigrant visa is credibility.

[randomstairs 270]

The main factor for any non immigrant visa is credibility.

Right. And he seems very credible. Can you really see any red flags in this case? I mean, even if he overstayed for a week because he partied too much and missed the flight, that would still be a credible case, wouldn't it?

[Boiler 43,576]

If somebody overstayed a week because they were partying that would suggest zero credibility.

[TBoneTX 43,194]

Some noncontributory posts have been removed. It's one thing to correct misinformation, and another to twist the knife after you stick it in.

[MacUK 983]

Right. And he seems very credible. Can you really see any red flags in this case? I mean, even if he overstayed for a week because he partied too much and missed the flight, that would still be a credible case, wouldn't it?

The only red flag I see is having a USC spouse

[gpiper 77]

Some noncontributory posts have been removed. It's one thing to correct misinformation, and another to twist the knife after you stick it in.

To be fair I can still see some posts that appear to be hounding a particular poster on their opinions.

Personally get over it, you made your point although I suspect said "hounder" isn't an immigration lawyer either but by the looks of it wants to appear to have superior knowledge on all things visa wise.

There is little credit in pursuing an individual who may or may not have made an error. These are discussion forums and not legally binding statements. Nobody on here is that naive to take what is typed here as complete gospel and follow blindly to what is posted without investigating further.

Whilst there is merit in clarifying misunderstandings and indeed correcting people when they make inaccurate statements, there is a way in which to approach this.

This does not include becoming hostile or showing animosity to an individual. Back your own viewpoint up with articles / websites that provide the counter arguement instead.

[Pennycat 880]

We made a mistake...and WVP is a privilege..as it should be....I am not trying to circumvent the process .....it was a genuine mistake....the papers from the airlines were not even looked at 3 years ago....that is water under the bridge....I do own a home in the US..but due to our circumstances..I really don't want to go the route of a green card...THe process for greencard is long ..I am well aware of this and when and if we were to decide on moving back...I will definetely give myself enough time to go through the process...Someone mentioned registering the marriage..I have tried to contact the embassy and there is no information on this..any direction this would be helpful...Does anyone know if we can get the WVP reinstated for him..is there a process ?...a form ? someone to contact??..any hep would be appreciated..I just want us to travel between countries easily and without stress..as my parents are getting older and I need to be able to fly home with my husband by my side.

Hi, so through all the bickering to get to some questions here.

Not sure what they mean about "registering the marriage". I do know that my husband and I (married in the US) will eventually need to go his country's consulate here and get some sort of paperwork done. Maybe the US has the same? No clue what it is for. Ask the embassy when you're there or ask that poster for clarification.

Yes, he did make a (minor) mistake that resulted in the loss of his VWP privileges. But the nature of that program is that minor mistakes are a big deal because the VWP is considered a huge privilege and if you're not perfect, they won't extend it to you anymore. VWPs can (and are) deported without a hearing-- using that program waives their rights to such. It's really very strict.

All that said-- it is clear that there is a loophole in there that if the *only* reason he overstayed was the weather/airline issue you should be able to get those privileges reinstated. They didn't look at the paperwork last time? Last time when? Did he re-apply for ESTA or did he just show up at customs with this proof?

It would certainly be worth trying for VWP again, if he really is eligible for re-instatement (that the flight issue was the only reason for overstay), that is ceratinly your easiest route. Otherwise, for sure try for the B2. I'd wager that he's got a good shot at it. It's all about demonstrating that you won't use that B2 visa to immigrate. I'd say that having a home, job, wife with Aus residency etc and good reason to go to the US for a visit is good demonstration. Yes, often being married to a US citizen makes getting a B2 more difficult but often, the US citizen isn't living abroad. You won't know until you try. Just be sure that you've got answers about ties to Australia ready, and a clear plan/reason for the US visit and you should be fine.