Unlawful presence

[NRT 0]

Hi everyone,

I was hoping someone who knows about this matter might be able to help me.

I went to the US in 2004 with an Au pair visa. The D/S on my I-94 does not have a date.

I had a Brazilian passport at that time.

I overstayed, and only left in 2011.

I have since gained my Italian passport and UK residency. I have been living in London for the past 5 years.

The past is back to haunt me as my partner will have to relocate to the US, because of his job.

 

We are sending my visa application with his, but the forms ask all sorts of questions (have overstayed, when did I leave the US).

I feel that I will be denied a visa.

The questions is- do I have a 10 year ban? Or is it really true that because of the D/S not having a date I do not have a ban? My sister went to the US with the same visa, left, applied for a student visa and was stopped at the airport and sent back. SHe then tried to get a tourist visa and was told that she had a 10 year ban.

SO I am very confused in terms  of rhe I-94, D/S and ban.

 

Would I be able to apply for a visa waiver as an Italian citizen, and would I be asked to disclose my previous overstay?

 

Many thanks for your help

JT

 

 

[NigeriaorBust 4,087]

  What is means is that as soon as you stopped the activity that you were admitted for you started accruing overstay.  Almost certainly you have a 10 year ban . Passports make no difference YOU not the passport has a ban.  Lying about it will get you a lifetime ban. Yes you will be denied that is the process. When you are denied you will be told if you can apply for a waiver.  Is your para USC ?

[NRT 0]

Hi Thanks for the reply

I do not intend to lie. I want to do things right as I have in the UK. My circumstances are completely different now.

I am just thinking what my best option is when applying for a visa (waiver or with my partner).

 

I am not married to my partner, we have only lived together for 5 years.  And he is not a US Citizen, he is going on working visa to the US via a company transfer.

The reason I mentioned the waiver is because that was never an option with the Brazilian passport.

And how about my question relating to the 10 year ban and the fact that I do not  have a date on my I-94 (D/S in blank). I have heard from friends who spoke to lawyer and posts here that this essentially means I haven't incurred unlawful presence.

Anyone knows if that  is true?

Thanks!

[NigeriaorBust 4,087]

  Duration of stay is valid for as long as you were doing what you were admitted for.  Once you stop doing that you no longer have an authorized stay.   Without a spouse you are not getting a visa into the US.  By overstaying you are never eligible to use visa waiver program.  Why would they give a visa to someone that thumbed there nose at the rules the last time ?

[jan22 3,056]

It is true that, with a D/S entry, you likely do not officially have a 10 year ban for overstay.  However, you clearly violated the terms of your visa.  Your J-1 form (DS-2019) had a termination date on it and your visa required you to leave the US within 30 days of that program end date. You undoubtedly engaged in unauthorized activities during your +/-7 year stay in the US, such as unauthorized employment.  That will factor into any future decisions about your qualifications for a visa.  And, you should likely forget ever being approved for use of the Visa Waiver Program with a +/-6 year overstay.

 

As you are not married, you would have to be approved for a B2 as a cohabitating partner of a work visa holder.  Given your history of US visa abuse that is relatively recent in visa terms, IMO it is highly unlikely that your visa would be approved.  And, if it is, there is no guarantee that immigration at the port of entry would admit you.

Edited May 13, 2017 by jan22

[Eliis 8]

You need to check on what visa you entered. If J1 than don't worry about travel ban. But they still may refuse to give you visa. If your partner and you would be married, and his job would do a paperwork, than there is slight chance you get a visa but it depends on person who review or interview your application.  I would contact an attorney to figure out the best way.