from when is overstayed time callculated

[Teddy B 17,251]

3 hours ago, NuestraUnion said:

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.

 

I don't think CBP has that type of discretion in their power. The guidelines or the 3 and 10 year bars are pretty cut & dry. I have never heard of them being able to change a 3 year ban to a 10 year ban because they felt like it. I would be interested to see if there are any cases to reference.

[f f 725]

5 hours 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

esta is always a 90 day stay. they either give you 90 days or do not let you in and there is no gray area with close to a year so it is a 10 year bar instead of a 3 year. it is 0 to 180 days is no bar. 181 to 364 days is 3 year bar and 365 and over us 10 year bar. all bars start from when you leave and all over stay is calculated from the day your i94 expires to when you left. so without counting the days you were here for 14.25 months your esta allowed you to stay 3 months so you overstayed for 11.25 months. you have a 3 year bar that will be over in April or this year. you will be hard pressed to get another tourist visa since you have over stayed and esta is no longer an option. hope this helps and good luck

[Boiler 43,463]

30 minutes ago, Teddy B said:

I don't think CBP has that type of discretion in their power. The guidelines or the 3 and 10 year bars are pretty cut & dry. I have never heard of them being able to change a 3 year ban to a 10 year ban because they felt like it. I would be interested to see if there are any cases to reference.

I did not think that needed addressing but it is factual, you either did or did not.

[Teddy B 17,251]

7 minutes ago, Boiler said:

I did not think that needed addressing but it is factual, you either did or did not.

I'll remember to pm you before I make my next post to see if the content is to your liking.

 

There are probably a lot of people that wouldn't know if that was true or not. The member who posted it has been a member here for a while.

Edited March 20, 2017 by Teddy B

[Boiler 43,463]

39 minutes ago, Teddy B said:

I'll remember to pm you before I make my next post to see if the content is to your liking.

.

[Natasha vaitl 2]

3 hours ago, f f said:

esta is always a 90 day stay. they either give you 90 days or do not let you in and there is no gray area with close to a year so it is a 10 year bar instead of a 3 year. it is 0 to 180 days is no bar. 181 to 364 days is 3 year bar and 365 and over us 10 year bar. all bars start from when you leave and all over stay is calculated from the day your i94 expires to when you left. so without counting the days you were here for 14.25 months your esta allowed you to stay 3 months so you overstayed for 11.25 months. you have a 3 year bar that will be over in April or this year. you will be hard pressed to get another tourist visa since you have over stayed and esta is no longer an option. hope this helps and good luck

 

so i have a 3-year ban no matter what the lady at the consulate said? because she seems to have looked at the wrong i-94. she must have looked at the one that was before that one which would add up to 1 year and 2 months. i exited and entered after that, though. but wouldn't they have all entry dates in the system? don't understand how they would make a mistake? i sent them an email anyway saying that i think they looked at the wrong i-94. even if it doesn't make a difference in me getting a visa . would make me feel better to know i don't have a 10-year ban

[KierenHby 897]

Irrespective of a 3- or 10-yr ban, wouldn't be easy approval for another b2. Why would a CO trust someone who wants right in as soon as a previous overstay ban is ending?

[az2014 381]

57 minutes ago, Natasha vaitl said:

so i have a 3-year ban no matter what the lady at the consulate said? because she seems to have looked at the wrong i-94. she must have looked at the one that was before that one which would add up to 1 year and 2 months. i exited and entered after that, though. but wouldn't they have all entry dates in the system? don't understand how they would make a mistake? i sent them an email anyway saying that i think they looked at the wrong i-94. even if it doesn't make a difference in me getting a visa . would make me feel better to know i don't have a 10-year ban

She's allowed to lie to you.

 

She probably saw you were so close to a 10 year ban and thought you deserved it instead of a 3 year, so told you it was a 10.

 

I would have probably done the same thing if I was in her position.

[caliliving 606]

4 hours ago, Natasha vaitl said:

so i have a 3-year ban no matter what the lady at the consulate said? because she seems to have looked at the wrong i-94. she must have looked at the one that was before that one which would add up to 1 year and 2 months. i exited and entered after that, though. but wouldn't they have all entry dates in the system? don't understand how they would make a mistake? i sent them an email anyway saying that i think they looked at the wrong i-94. even if it doesn't make a difference in me getting a visa . would make me feel better to know i don't have a 10-year ban

IO officers also make mistakes.  you wont get another visitor visa, i can guarantee that, but you will be able to get a K1 or CR1.  

if you apply for the K1 after and they say 'sorry, you are denied a visa bc u incurred a 10yr ban' then you can write back in a letter and say what date you left, and the date you entered and that under the 180 days you have incurred the 3yr ban and not the 10yr ban.  

what visa are you seeking? how far along in the paperwork are you?  

[KierenHby 897]

11 hours ago, Natasha vaitl said:

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

esta OR tourist visa, which one? 

[ConOfficer 167]

The officer may have made a mistake. There's nothing wrong with scheduling a new interview and arguing that you were unlawfully present for less than a year, thus subject to the 3 year bar rather than the ten. Do the calculations in a spread sheet and present it at your interview. 

 

You'll almost certainly speak to a different person. A new officer can remove the ten year ineligibility. Nothing is set in stone. 

 

As others have mentioned, it seems like you intend to immigrate and should be pursuing an immigrant visa. Plus you're not that far removed from your overstay. I wouldn't give you another visa unless your circumstances are radically different. 

[ConOfficer 167]

4 hours ago, az2014 said:

She's allowed to lie to you.

 

She probably saw you were so close to a 10 year ban and thought you deserved it instead of a 3 year, so told you it was a 10.

 

I would have probably done the same thing if I was in her position.

No. Absolutely did not happen. 

[NancyNguyen 1,657]

So you are that naive to think they will approve you another nonimmigrant visa after the ban is over?

[StraightForward 2]

2+2 is always 4 and if someone tried to make it 5, he/she is the one twisting the law.

 

as per law If your entry expired on April 28th 2013 and you left US BORDER on April 2nd 2014, you are subject to 3 year ban. If someone banned you for 10 years, they're twisting the law... .

Of course if that is the case you can't do anything about it as the might is right. Talk to the lawyer and spend your hard earned money on some stupid problem.

 

Also, if you want to fight, you can search online and request for a copy of your entry and exit from the United States. Your case is pretty new and you should be able to get it.

https://i94.cbp.dhs.gov/I94/#/home

[NancyNguyen 1,657]

7 minutes ago, StraightForward said:

2+2 is always 4 and if someone tried to make it 5, he/she is the one twisting the law.

 

as per law If your entry expired on April 28th 2013 and you left US BORDER on April 2nd 2014, you are subject to 3 year ban. If someone banned you for 10 years, they're twisting the law... .

Of course if that is the case you can't do anything about it as the might is right. Talk to the lawyer and spend your hard earned money on some stupid problem.

 

Also, if you want to fight, you can search online and request for a copy of your entry and exit from the United States. Your case is pretty new and you should be able to get it.

https://i94.cbp.dhs.gov/I94/#/home

Lawyer won't be helpful with tourist visa, FYI