Visa Waiver DENIED

[trams87 0]

Hello There,

I'm trying to find out what my alternatives are. I had lived in the USA in 2007 I had tried to extend my visit however whilst waiting for a decision I was categorized as an overstayer.

 

So I'm not allowed to visit the USA until 2019.

 

The problem I have is my girlfriend is in Georgia and I have been unable to go and spend time with her since this issue.

Is there anyway I can appeal this suspension or have it shortened so that I can go and see my girlfriend.

 

Can anyone give me some advice on how I can move forward?

[Lemonslice 4,886]

An alternative would be for your girlfriend to visit you.

[geowrian 22,337]

Why can't she visit you? Or meet in a third country? Enjoy a nice vacation together!

 

An I-601 waiver would need to be in coordination with a visa application, so you would need to be engaged (going for a K-1 visa) or married (going for a CR-1/IR-1 visa).

I'm assuming there is no basis to appeal the bar - it needs to be because of a mistake on their side in issuing it. There is no method to shorten the bar as it is statutory and automatically applied for unlawful presence.

 

Can you give a few more details on the cause/circumstances for the ban? I understand it was likely for unlawful presence over 1 year, but the timeline seems odd since your ban sounds like it (presumably) started in 2009 but you entered in 2007. The bar starts from when you leave, but that's a pretty big gap.

Edited May 27, 2017 by geowrian

[trams87 0]

4 minutes ago, Lemonslice said:

An alternative would be for your girlfriend to visit you.

It's something I've talked to her about. I just need to bring it up again.

I had looked into us meeting in Canada.

[trams87 0]

1 minute ago, geowrian said:

Why can't she visit you? Or meet in a third country? Enjoy a nice vacation together!

 

An I-601 waiver would need to be in coordination with a visa application, so you would need to be engaged (going for a K-1 visa) or married (going for a CR-1/IR-1 visa).

I'm assuming there is no basis to appeal the bar - it needs to be because of a mistake on their side in issuing it. There is no method to shorten the bar as it is statutory and automatically applied for unlawful presence.

 

Can you giver a few more details on the cause/circumstances for the ban? I understand it was likely for unlawful presence over 1 year, but the timeline seems odd since your ban sounds like it (presumably) started in 2009 but you entered in 2007.

Thanks for the advice. And I have suggestion this with hear. But I thought I would also check and see what else is possible.

 

Edit: Looks like we'll be looking at her either visiting or us meeting in Canada. Thanks for the advice guys.

[geowrian 22,337]

1 minute ago, trams87 said:

Thanks for the advice. And I have suggestion this with hear. But I thought I would also check and see what else is possible.

 

Edit: Looks like we'll be looking at her either visiting or us meeting in Canada. Thanks for the advice guys.

Best wishes!

[Boiler 45,670]

As far as I know there is no 12 year ban, just wondered how you got one?

[trams87 0]

5 hours ago, Boiler said:

As far as I know there is no 12 year ban, just wondered how you got one?

I had tried to visit the States in 2015 and the agent who dealt with me queried me about my visit. And started to get very short with me and nasty and said,
"I don't think i'll allow you to go to the USA, you're visa is refused and you cannot enter the USA until 2019"

So yep that's the story. And here I am still trying to get there.

[JFH 12,190]

So when you "lived" here in 2007 you mean you came to visit in 2007 and overstayed until 2009, triggering a ban until 2019? What were the circumstances as to why you overstayed? 

 

Where have you been seeing your girlfriend so far? Has she been going to your homeland? Why can't you continue with that? 

[trams87 0]

14 minutes ago, JFH said:

So when you "lived" here in 2007 you mean you came to visit in 2007 and overstayed until 2009, triggering a ban until 2019? What were the circumstances as to why you overstayed? 

 

Where have you been seeing your girlfriend so far? Has she been going to your homeland? Why can't you continue with that? 

Hi Yes I came to visit 2007 and stayed until 2009 November,which is when I left to return home. The situation was I was living with my family as we'd all moved over together, so I 20 when I first visited in 2007 during our time we put in an application to get a visa extension, however it wasn't until very late the application was denied and we had to return back to the UK.

 

But they said we had overstayed even though we tried to change our visas.

[JFH 12,190]

I don't understand how you could have "all moved over together" if you didn't have a visa type that allowed you to live here. You even said yourself you arrived as a visitor. Even if you had been granted an extension of your visitor visa (did you have a B-2? If you were using the VWP back then there are no extensions permitted) it would have been for a maximum of six months as a visitor - not for living. You would have had a decision in less than 2 years. So there's no point trying to make it look like you were trying to do the right thing. There is no way to get around that ban to be able to visit. 

 

When you tried to visit in 2015 did you try to use the VWP? I'm thinking you must have as you would not have been granted a visitor visa at the embassy with that previous overstay. 

[trams87 0]

8 minutes ago, JFH said:

I don't understand how you could have "all moved over together" if you didn't have a visa type that allowed you to live here. You even said yourself you arrived as a visitor. Even if you had been granted an extension of your visitor visa (did you have a B-2? If you were using the VWP back then there are no extensions permitted) it would have been for a maximum of six months as a visitor - not for living. You would have had a decision in less than 2 years. So there's no point trying to make it look like you were trying to do the right thing. There is no way to get around that ban to be able to visit. 

 

When you tried to visit in 2015 did you try to use the VWP? I'm thinking you must have as you would not have been granted a visitor visa at the embassy with that previous overstay. 

I appreciate your advice. But before you "assume". My dad was and still is a green card holder. At the time I was 20 yrs old when I visited the USA so my knowledge on visas was zero as apposed to obviously now where I've done a lot of my own research. I obviously wasn't in control of any of the travel details.

 

I have talked to my SO about her visiting and also the both of us visiting in Canada, so those are two options that are available. What I'm battling against is her anxiety and lack of finances. Of course no ones problem. But I at least thought I would ask opinions from those who might have walked down the same path I'm walking right now.

 

But thanks for your advice. I've pretty much got the jist of the situation and what Is possible and what isn't. I'll continue to be patient.

[Suss&Camm 2,213]

17 minutes ago, trams87 said:

I appreciate your advice. But before you "assume". My dad was and still is a green card holder. At the time I was 20 yrs old when I visited the USA so my knowledge on visas was zero as apposed to obviously now where I've done a lot of my own research. I obviously wasn't in control of any of the travel details.

 

The point isn't to assume anything about you. The timeline you've presented doesn't add up with your story. If you ever have any plans on being serious about your relationship and wanting to live in the US with your SO, then you have to be absolutely truthful about the timeline to a CO - cause any inconsistency will ofc be caught by them. 

[mrtravel 40]

"I had lived in the USA in 2007".... On a visitor visa?

In any case, you have a ban until 2019.  
Not a lot we can do here.
I am missing a bit of the story though.   If you were here on a visa and applied for an extension, then you are not illegally here until they are finished processing the extension request......or, did you ask for it after the overstay?

Edited May 28, 2017 by mrtravel

[JFH 12,190]

Your father's status as a green card holder means nothing

other than he can petition you and you can wait many years for an immigrant visa to become available. It doesn't mean you can just move here - you were 20, not 7. Water under the bridge now - your reluctance then to educate yourself on immigration has cost you a 10-year ban and you will have a struggle to get a non-immigrant visa even after the ban is lifted as you have shown such disregard, more than once, for the law.

 

So where do you meet your girlfriend now if you're banned from the USA and she has limited finances and anxiety? Have you been successful in entering Canada to visit her? Or have you not actually met in person yet? One of the requirements for filing a K-1 is having met in person at least once in the 2 years prior to filing. She might want to consider emigrating to the U.K. In your case, it's going to be easier that way round. After all, you just want to be together. It doesn't matter where, right?