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Thread: Overstayed on visa waiver and filing H4

  1. #1
    Hi
    I am a british citzen and overstayed in the US for 3 years. My family and I moved to Canada for good. We then received our Canadian perm residency so we went to land at the border. I was interviewed then denied entry into the US(even though I wasnt actually going to the US). I was then told that I WAS NOT barred but I had to obtain a visa if I ever wanted to visit the US. This was 3 years ago. My husband has now got a job in the US and the company will be filing H1 for him. Will I be denied a H4 because I overstayed. I also have 2 american born kids

  2. #2
    Hi
    I am a british citzen and overstayed in the US for 3 years. My family and I moved to Canada for good. We then received our Canadian perm residency so we went to land at the border. I was interviewed then denied entry into the US(even though I wasnt actually going to the US). I was then told that I WAS NOT barred but I had to obtain a visa if I ever wanted to visit the US. This was 3 years ago. My husband has now got a job in the US and the company will be filing H1 for him. Will I be denied a H4 because I overstayed. I also have 2 american born kids

  3. #3
    Someone12
    Guest
    I hope so....how in the world does someone "overstay 3 effin [sodding] years????????????"---- what krap.

  4. #4
    10 year ban, might be up now, when did you leave the US and can you document it?

  5. #5
    I am abit confused because Theone says I will be banned for 10 years. But according to the immigration officer, he was not banning me but rather I had to apply for a visa anytime I needed to enter the US.
    I left 3 years ago

  6. #6
    normally for an overstay of 3 years ur banned for 10 years. under 180 days ur banned for 3 years.

    U lose the ability to use the VWP.

    Your going to have to consult a Immi lawyer on this one because i am not sure if ur banned if u able to obtain a visa?

    Just because the kids are US citizens does not give u preferential treatment. UNFORTUNATELY!!! They can, u cant. And no one gives a **** at immigration if u are denied. Its **** i know. No one is stopping the kids entering they are stopping u.

    This is where illegal stays turn around and bite u in the a s s . Becuase one day u want to do it right and cant.

    No the immigration wasnt banning u, just saying u cant use the vwp. Which means he has documentation in his PC at POE that u overstayed.

    Did u leave voluntry or did u get deported? And when u left did u hand in ur I94w?

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by victor07:
    I am abit confused because Theone says I will be banned for 10 years. But according to the immigration officer, he was not banning me but rather I had to apply for a visa anytime I needed to enter the US.
    I left 3 years ago </div></BLOCKQUOTE>
    3 year overstay on VWP means an automatic 10 year ban. That's the law.

    Unfortunately for you, the entry officer, who told you were not barred, is not the one who'll process your visa. I won't be least surprised if your visa gets denied. But perhaps you'll get lucky...who knows....

  8. #8
    Even if the visa is technically approved, you may not be actually let into the country. The visa only says that DHS may let you into the country, it doesn't mean they have to let you in. So even if you get the visa approved you may show up at the border or airport and the officer may look you up any say, hey you are inadmissible. Sorry, but if you last left the country less than ten years ago I think you are going to need a waiver.
    Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

  9. #9
    You need a B2 and a waiver - I-192 I believe.

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by senowen:
    Sorry, but if you last left the country less than ten years ago I think you are going to need a waiver. </div></BLOCKQUOTE>

    ..and I don't think there is a waiver when an employer is a petitioner

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