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  • overstay

    Hi everyone, I was wondering if someone could qualify the penalties for overstaying for me. If someone arrived in the country on the 17th of January 2003 and are in the process of getting a flight home but cannot get one until the 17 january will they receive a 3 year ban or a ten year ban?

  • #2
    Hi everyone, I was wondering if someone could qualify the penalties for overstaying for me. If someone arrived in the country on the 17th of January 2003 and are in the process of getting a flight home but cannot get one until the 17 january will they receive a 3 year ban or a ten year ban?

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    • #3
      How long was your visa for ? I think you have a 6 month grace period in which you are allowed to learn to fly planes and crash them into buildings. I think there is a 10 year ban for doing that. Otherwise no visa, no problem. Welcome to America.

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      • #4
        If you overstay for more than 3 months but less than a year, you will barred from the US for 3 years, if you overstay more than 1 year, then you will be barred for 10 years, if you overstay only for a matters of days it should not be a problem, if you ever come back to the US you should be really honest about it to the officer at the port of entry.

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        • #5
          Hi sorry to write again, but the overstay will be one year to the day due to lack of flights out. doea that mean they will give a 10 year ban or will it only be a 3 year as it is to the date. thanks for your help

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          • #6
            sorry mate..........10 years ban..........I think you should of got out of the country a lot earlier....you should of just left via canada or mexico and flew home

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            • #7
              Corn:

              The validity of the visa has nothing to do with the 3 year/10year bars. It is overstaying the departure date, which is governed by the I-94.

              Think of it like this: Overstay = ULP. Look at the "admitted until" date on the I-94. What is that date? Now, if you stay past THAT date, each day is one (1) day of ULP.
              If you stay less than 180 days after that date and then depart the U.S., no problem with the 3year bar because you have less than 180 days of ULP.
              Over stay that date by 180 to 365 days, (180 to 365 days of ULP) depart, and you trigger the 3 yr bar.
              Overstay that date by 366 days (or longer) and depart, you trigger the 10 yr bar because you have 366 days of ULP.

              It is the days of ULP that count, NOT when you arived, unless you came in EWI.

              Okie Celt

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