How can I check if I'm banned from re-entering the USA?

[MissMarvel 8]

Hello,

 

As stated in the subject, I am interested in finding out for how long I'm banned from re-entering the USA on a tourist visa. I reached out to the embassy in my country via email but only got an automatic response that didn't provide an answer. The embassy website does not offer an answer to my question and does not offer an option to schedule an appointment in the embassy outside of visa applications or passport services.

 

I understand I could get a visa appointment and just get denied if the ban is active, but as I'm informed, the embassy doesn't have to supply a reason as to why the visa is denied - so I fear I might not get the answer I seek if I take that route.

 

I did overstay my visa, I just don't know for how long. I entered on a 1 year J1 visa, married a US citizen, applied for adjustment of status, divorced on my request, withdrew the petition on my request and moved back to my home country. After I withdrew the petition I received a letter from USCIS to leave the US voluntarily in 30 days, but I stayed 2-3 months pass the 30 day mark. I was not deported. My issue is that after I got married, we didn't file the petition for adjustment of status immediately and in the interim my J1 visa expired. From my understanding, that is considered "out of status" and is counted as an overstay. I was in USA from September 2014 to February 2020.

 

I just want an official confirmation of how many days I overstayed and for how long I'm banned from re-entering.

 

If anyone can help me with this, I would greatly appreciate it. I have friends in the USA I would like to see but also just want to know what are my options in terms of travelling to USA again.

 

Thanks!

 

 

[Mike E 11,722]

16 minutes ago, MissMarvel said:

My issue is that after I got married, we didn't file the petition for adjustment of status immediately and in the interim my J1 visa expired

How long were you in a state of unauthorized presence during they period? IOW what was the length of time between when your J-1 authorized stay expired and when you filed I-485?

Edited March 2, 2023 by Mike E

[Crazy Cat 39,192]

12 minutes ago, MissMarvel said:

Hello,

 

As stated in the subject, I am interested in finding out for how long I'm banned from re-entering the USA on a tourist visa. I reached out to the embassy in my country via email but only got an automatic response that didn't provide an answer. The embassy website does not offer an answer to my question and does not offer an option to schedule an appointment in the embassy outside of visa applications or passport services.

 

I understand I could get a visa appointment and just get denied if the ban is active, but as I'm informed, the embassy doesn't have to supply a reason as to why the visa is denied - so I fear I might not get the answer I seek if I take that route.

 

I did overstay my visa, I just don't know for how long. I entered on a 1 year J1 visa, married a US citizen, applied for adjustment of status, divorced on my request, withdrew the petition on my request and moved back to my home country. After I withdrew the petition I received a letter from USCIS to leave the US voluntarily in 30 days, but I stayed 2-3 months pass the 30 day mark. I was not deported. My issue is that after I got married, we didn't file the petition for adjustment of status immediately and in the interim my J1 visa expired. From my understanding, that is considered "out of status" and is counted as an overstay. I was in USA from September 2014 to February 2020.

 

I just want an official confirmation of how many days I overstayed and for how long I'm banned from re-entering.

 

If anyone can help me with this, I would greatly appreciate it. I have friends in the USA I would like to see but also just want to know what are my options in terms of travelling to USA again.

 

Thanks!

 

 

Without an exact timeline, no one here knows.  I'd say your chances for visiting anytime soon are not good at all.

[MissMarvel 8]

1 minute ago, Mike E said:

How long were you out of status during that period?

I just checked the paperwork, my J1 visa expired on 22nd September 2015 and we filled the paperwork with USCIS on April 4th 2017.

 

There is a line in the Acknowledgment of withdrawal from USCIS that states "The evidence shows that when you filed your application, you were lawfully present in the United States."

 

So I am a bit confused, was I out of status or no?

 

Thank you for your help!

[MissMarvel 8]

14 minutes ago, Crazy Cat said:

Without an exact timeline, no one here knows.  I'd say your chances for visiting anytime soon are not good at all.

When I left USA I was leaving under the impression I will have a 10 year ban, however there is a line in my Acknowledgment of withdrawal from USCIS that states that I was lawfully present when I submitted my application so I wanted to check to make sure what's the length of my ban.

 

There is a big difference between the 3 year and the 10 year ban, so I just want to be sure

[Boiler 43,397]

The person who decides is the Consulate Officer, you can get opinions here or from a Lawyer.

 

You make it sound like you have a 10 year ban, you will need a visa to visit the US so would need to apply anyway.

 

There is a waiver for an overstay but just because you served your ban does not mean you will be issued a visa

[Crazy Cat 39,192]

5 minutes ago, MissMarvel said:

There is a big difference between the 3 year and the 10 year ban, so I just want to be sure

You won't be sure until you apply for a visa.  The CO will evaluate and make a decision.

[MissMarvel 8]

1 minute ago, Boiler said:

The person who decides is the Consulate Officer, you can get opinions here or from a Lawyer.

 

You make it sound like you have a 10 year ban, you will need a visa to visit the US so would need to apply anyway.

 

There is a waiver for an overstay but just because you served your ban does not mean you will be issued a visa

Yes, I understand that. I am also aware I do have a ban, I just want to find out for how many years. But again, from what I know, the embassy doesn't need to supply an explanation as to why the visa was denied. I would rather pay for an attorney than waste my money on applying for a visa and get no information back. I figured before consulting an attorney I could get some answers here as many people seem very knowledgeable on this topic

[MissMarvel 8]

2 minutes ago, Crazy Cat said:

You won't be sure until you apply for a visa.  The CO will evaluate and make a decision.

Yes, however from what I know, they don't need to supply an answer as to why the visa was denied. I am just trying to find out if I'm banned for 3 or 10 years.

[Boiler 43,397]

A Lawyer will not decide, you can pay for an opinion but as I said just because the ban is up does not mean you will get a visa

[MissMarvel 8]

Just now, Boiler said:

A Lawyer will not decide, you can pay for an opinion but as I said just because the ban is up does not mean you will get a visa

Yes, I just want an opinion. That's why I'm asking the question. 

[Boiler 43,397]

My opinion is 10 years based on what has been posted

[Mike E 11,722]

24 minutes ago, MissMarvel said:

I just checked the paperwork, my J1 visa expired on 22nd September 2015 and we filled the paperwork with USCIS on April 4th 2017.

Authorized stay and visa expiration are different things. You need to determine what your authorized was. J-1s are issued for a braid set of uses and the authorized stay depends on the use. 
 

Quote

 

There is a line in the Acknowledgment of withdrawal from USCIS that states "The evidence shows that when you filed your application, you were lawfully present in the United States."

 

So I am a bit confused, was I out of status or no?

 Hard to say because we don’t know what your original authorized stay was. 
 

If USCIS is correct, then I don’t think you have ban. If USCIS is wrong, then you do have a ban, and it expires most likely in February 2030.  

2 minutes ago, MissMarvel said:

am just trying to find out if I'm banned for 3 or 10 years.

You might have to hire an attorney who will do a FOIA on your entire record. This will cost 10-100 times more than $160 to try to get a visa. 

[MissMarvel 8]

3 minutes ago, Boiler said:

My opinion is 10 years based on what has been posted

Yes, I think so too. Was just confused by that line in the Withdrawal acknowledgement. Thank you for your help!

[MissMarvel 8]

4 minutes ago, Mike E said:

Authorized stay and visa expiration are different things. You need to determine what your authorized was. J-1s are issued for a braid set of uses and the authorized stay depends on the use. 
 

 Hard to say because we don’t know what your original authorized stay was. 
 

If USCIS is correct, then I don’t think you have ban. If USCIS is wrong, then you do have a ban, and it expires most likely in February 2030.  

You might have to hire an attorney who will do a FOIA on your entire record. This will cost 10-100 times more than $160 to try to get a visa. 

My authorised stay was definitely not longer than 2 years, which I guess mean USCIS made a mistake in my Acknowledgment of withdrawal document by saying I was lawfully present. I guess the embassy will not reference the USCIS documents but make their own evaluation separately from what's on USCIS files?

 

Does the fact that I was married although I didn't file the adjustment of status application counts in my favor? Again, I'm aware that's considered out of status but just wondering why would USCIS write that in the Acknowledgment of withdrawal document.