If someone has overstayed their 1-94 by three or 4 weeks are they subject to the 3/10 year ban I have read about?

It all depends.

You don't give any information on your situation, whether you are married to a USC, what type of visa you entered on, etc.

No answer can be given without more info.

I am married to a USC. Came in on an 1-94 with no intention of staying. Just worked out that way in the end. We had actually planned on getting married next summer{2005} and then at the last minute I stayed and we said what the ****. I am wondering as I want to go home to tie up some loose ends.

Did you come in on a B-2 visitor's visa or some other type of visa?

1-94...................VWP

OK I finally got the info needed to answer!

Under VWP you would be subject to the bar. Don't leave the US until you've successfully adjusted status. Don't apply and use AP.

WOW,
Even though it was only a few weeks? How long will it be before I can go back home to resolve things? Geesh! Thanks. Glad I asked. Guess this is one of the reasons to NOT do things of this nature on the SPUR OF THE MOMENT!

this is the same situation that I had. be careful..I can guide you much on this issue.

You are NOT under the 3/10 year bar. That bar applies to individuals in unlawful status for 180 days or more. Four weeks does not do it.

However, you have violated the provisions of the VWP. That will make you ineligible to use it again. If you leave the US and ever want to come back as a nonimmigrant, it will mean a trip to the US Embassy in order to apply for a visa.

Or if you are applying for AOS, you can use advance parole.

Statement retracted.

Old man: how strong is advance parole. I mean can it be dangerous sometimes for people who overstayed and then filed adjustment of status through usc and are waiting for their decision about I-485

It's dangerous if the INS actually has a record or can figure out that you overstayed. For example, if your F-1 visa expired long time ago and you have no proof that you were in school or on OPT after the viza expiration, they will give you a very hard time.

yes, it is very very dangerous. INS giving you very very hard time. dont do it maaaan.