from when is overstayed time callculated

[Natasha vaitl 2]

hi, there i am trying to figure out how long my ban is. as i was thinking it was three years but was now told its 10 years. i entered the US on the 29th of Jan 2013 and left the US on the 2nd of April 2014. when do they start calculating an overstay? cause technical i was in the US legally for 3 months after which i was there illegally for 11. or do they count from the day i arrived? thank you

[Suss&Camm 2,213]

14 minutes ago, Natasha vaitl said:

hi, there i am trying to figure out how long my ban is. as i was thinking it was three years but was now told its 10 years. i entered the US on the 29th of Jan 2013 and left the US on the 2nd of April 2014. when do they start calculating an overstay? cause technical i was in the US legally for 3 months after which i was there illegally for 11. or do they count from the day i arrived? thank you

You start accruing unlawful presence on the first day of your i-94 being expired. Not when you entered, and not when your visa expires. Up to 180 days results in 3 years, and 365 days results in 10 years, assuming you left freely.

Edited March 20, 2017 by Suss&Camm

[Natasha vaitl 2]

24 minutes ago, Suss&Camm said:

You start accruing unlawful presence on the first day of your i-94 being expired. Not when you entered, and not when your visa expires. Up to 180 days results in 3 years, and 365 days results in 10 years, assuming you left freely.

 

thank you for your reply, is there a way for me to find out when my i-94 expired? because i thought that it was always 90 days after entering because i entered on an esta tourist visa

[Penguin_ie 5,994]

Look in your passport- the stamp in there should have a date on it.

 

[Natasha vaitl 2]

it says entered on the 29th of jan2013 and written till 28th April 2013 so if i exited on the 2nd of April 2014 i would have stayed under a year? right? why would they say i overstayed for over 1 year and 2 months? i already had the interview and they denied it can i fight this?

[MacUK 983]

3 minutes ago, Natasha vaitl said:

it says entered on the 29th of jan2013 and written till 28th April 2013 so if i exited on the 2nd of April 2014 i would have stayed under a year? right? why would they say i overstayed for over 1 year and 2 months? i already had the interview and they denied it can i fight this?

 

What exactly have you had an interview for and what was said?

 

Going by the timeline you stated you overstayed by less than a year so the ban period was 3 years from when you left.

That ban doesn't finish until next month.

 

If it's a non-immigrant visa you're applying for then even after the ban is over you can still be denied because of the overstay under sect. 214(b).

Previous breaking of the rules increases the presumption of immigrant intent.

[Unlockable 7,315]

2 minutes ago, Natasha vaitl said:

it says entered on the 29th of jan2013 and written till 28th April 2013 so if i exited on the 2nd of April 2014 i would have stayed under a year? right? why would they say i overstayed for over 1 year and 2 months? i already had the interview and they denied it can i fight this?

To be honest, I think you have the 10 year ban. You are too close to 1 year to make that argument. Any immigration official reviewing your case can make that call and it sounds like they did. You are trying to use technicalities to reduce the amount of retribution you receive.

 

Think of it this way, immigration puts the human interaction in the process for a reason. CO conduct interviews and are trained to see if the applicant are truthful and sincere or has a risk. Officials review cases and see if a person has a pattern of bad judgement. If everything in immigration was 100% technical, there would be no need for interviews.

 

[Natasha vaitl 2]

i guess that makes sense

[Suss&Camm 2,213]

1 hour ago, Suss&Camm said:

You start accruing unlawful presence on the first day of your i-94 being expired. Not when you entered, and not when your visa expires. Up to 180 days results in 3 years, and 365 days results in 10 years, assuming you left freely.

I can't edit anymore,  but ofc it's supposed to say "over 180 days" not "up to"

21 minutes ago, Natasha vaitl said:

it says entered on the 29th of jan2013 and written till 28th April 2013 so if i exited on the 2nd of April 2014 i would have stayed under a year? right? why would they say i overstayed for over 1 year and 2 months? i already had the interview and they denied it can i fight this?

Well.. like someone said even if it was 3 years, those years aren't up yet. I suppose it's possible that they got it wrong and it would be 3 and not 10... but even if it were so, applying right when the time is up, might be perceived as just wanting back in the country. Also as Nuestra mentioned... after a ban is up, they would very much like to be convinced that you have learned smth and would not make the same decision again. Being able to visit the US is a privilege, as visiting any other country...and not a right, which makes it hard to "fight", since you have no real rights in the matter. 

Ofc you can always apply again in a while and make sure you have good evidence of why you have to return etc. Provided it was 3, and not 10 years.

[Natasha vaitl 2]

1 hour ago, MacUK said:

 

What exactly have you had an interview for and what was said?

 

Going by the timeline you stated you overstayed by less than a year so the ban period was 3 years from when you left.

That ban doesn't finish until next month.

 

If it's a non-immigrant visa you're applying for then even after the ban is over you can still be denied because of the overstay under sect. 214(b).

Previous breaking of the rules increases the presumption of immigrant intent.

 

i was applying for a visit visa and i was completely honest at the interview. said i had overstayed because i was young and stupid fell in love overstayed cause we thought it was the best thing to do at the time. then i had to leave cause of family issues and my now fiance and i figured we'd just move away together and figure it out later. now he's had to move back because of a family matter. it's just bad timing that it's exactly when the 3 years are up but was hoping to go visit him. but the ladies now said because i overstayed 1 year and 2 months i have a ten-year band so i was just wondering if it would make a difference if i told them that it wasn't 1 year and 2 months. i'll probably have to look at getting a lawyer and try to get a waiver. 

[Unlockable 7,315]

2 minutes ago, Natasha vaitl said:

i was applying for a visit visa and i was completely honest at the interview. said i had overstayed because i was young and stupid fell in love overstayed cause we thought it was the best thing to do at the time. then i had to leave cause of family issues and my now fiance and i figured we'd just move away together and figure it out later. now he's had to move back because of a family matter. it's just bad timing that it's exactly when the 3 years are up but was hoping to go visit him. but the ladies now said because i overstayed 1 year and 2 months i have a ten-year band so i was just wondering if it would make a difference if i told them that it wasn't 1 year and 2 months. i'll probably have to look at getting a lawyer and try to get a waiver. 

Why not just do the K1?

[Natasha vaitl 2]

can i do that if i have a ban?

[Unlockable 7,315]

With a waiver it is doable.

[zilchfox 296]

Yes. Apply for the K-1 CR-1 visa, attend the interview, it will get denied, however afterwards you can file for a waiver.

 

https://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

 

You'll need to be married first.

Edited March 20, 2017 by zilchfox

[Boiler 45,647]

You have a 3 year ban that is not up until next month and even then are unlikely with that history to obtain a non immigrant visa.

 

There is a waiver for non immigrant visa's but you have to be otherwise eligible to be recommended for one.