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10 year ban on overstay

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  • Guest's Avatar
    Guest replied
    Gee Douglas, more whining from some dimwit American who doesn't understand the word "responsibility." Your current sweety-pie broke our laws...she knew she was supposed to leave after 90 days, not 5 or 6 years. What BS.
    If you don't like the laws, tough.
    Only responsible adults understand and obey the laws. Others should expect and receive a penalty- personally, I hope she stays banned for 10 long long years, just to teach her a lesson.
    Oh, and by the way, these laws are not infringing on any of your so-called 'rights' -- you do not have the right to eliminate any bar on behalf of anyone...period. What a crybaby. I hope the UK gives you the boot.

    Leave a comment:


  • sup
    replied
    You'd be surprised at how many people have a 3/10 year ban on them. Marriage to a U.S. citizen makes her eligible to file for a waiver of that ban. Waiving the ban can be done and is done by a lot of people.

    Lengthy rants on immi forums won't do that.

    You have to read up on the ways it's done. The best (in my opinion) resource that can guide you through preparing for waiving the ban is www . immigrate2us . net We used it and had our waiver approved (not only for a 10 year ban but for the deportation - 5 year ban - as well).

    Waiver form is I-601. Inadmissibility is determined during the visa interview at the embassy. You can submit waiver/paperwork right after the interview. Wait time for London - 3-6 months. Once again visit www . immigrate2us . net and read the sticky posts on I-601 forum. It can be done.

    Cheers.

    Leave a comment:


  • travelgirl
    replied
    Douglas
    I can only offer you a note of caution. I don't know anything about VWP but you will get advice here and another site I see has info on this topic is immigrate2us.net. (some on this site disparage it, but you can find pertinent stuff out there which may be of use to you.)

    My experience is only re the UK. I think it's a good idea to take a look before you leap as you are planning. You will have to obtain a work permit for the UK, but if your skills are in demand no doubt your employer could arrange this. But you will need this to work legally.

    One thing you will have to take into account is the age thing...unless you have some good contacts or specialised skills they tend to be ruthless about that here if one is on the wrong side of 40.

    Britain is not the country I came to many years ago and I can't wait to return home. We are just waiting for the process to unfold, and have to be patient. This is without any overstays or infractions of any rules, crimes etc...(I do get worked up about people who play loose with the rules as it has a bad effect on those who are doing the right thing and consequently are made to suffer delays etc.)

    Things are very expensive in the UK...I could go on about other negatives but it would not be politic and also as I am wanting to leave, my view is no doubt clouded. In your situation however, I would try to do what you can from the US rather than exile yourself abroad.

    Leave a comment:


  • AliBA
    replied
    Douglas--Please bear in mind that the 3- and 10-year bars got passed in part precisely because millions of people did what your fiancee did, overstayed their visas for years and years. If all or even most visitors kept their word and left on time, or if we didn't have millions entering illegally, then we wouldn't need most of the immigration rules we've got. Lovely world?!

    Leave a comment:


  • Sugarpuff
    replied
    Perhaps you should consider Canada. Currently their immigration laws are not as strict as the U.S. This may change with the new conservative goverment however.

    Leave a comment:


  • marmaduk
    replied
    I know you're very upset right now, so I just want to add a tiny bit of information. The London's embassy has a good approval rate for I-601.

    Leave a comment:


  • Douglas
    replied
    I also understand that it isnt easy going to any country. And did not realize that the VWP waived basic human rights. Believe me wont make same mistake twice. Now just a matter of me finding work in UK and her getting settled there. Luckily I have sellable skills that will allow me to possibly get job in UK. Just frys my ..... that my country has laws that override human rights that we extend to murders and rapists. Sorry just spouting off here as am very frustrated and angry right now. Maybe in 10 years will get over it but by then will have new life elsewhere.

    Leave a comment:


  • Douglas
    replied
    Thanks for the replies. Yes we know she violated the law and don't mean to belittle that or excuse it. There are many circumstances surrounding her overstay. The overstay was before we became involved. Also just for interest sake she paid US income tax for all seven years based on a business that her then Boyfriend (who was deported due to felony charges) had established. Her name was not connected to the business and she left of her own accord. This time she was coming to US so we could be married and then was going to return to UK to await marriage visa. We were trying to do everything above board and legal. And by the way, me going to UK is not a problem so will probably pack and leave as soon as I can clear up affairs here.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    They are always some strings attached to good things.... in general, by using VWP, one is giving up all the rights to court hearing or to appeal the decisions made by immigration authorities.

    I am not saying that a visitor with a proper visa would be treated differently if cought in the same situation.

    Out of curiosity, was your fiance comming to visit or to stay?

    Leave a comment:


  • Sugarpuff
    replied
    I understand your frustration and don't mean to bust your ..... but once you find out how intollerant other countrys' visa laws are maybe you will feel a little less harsh toward the USA.

    Also, overstaying a visa for 7 years is not a clerical oversight or a casual innocent mistake. It is no different than not paying taxes for 7 years as it is a deliberate attempt to defraud the U.S. goverment.

    Leave a comment:


  • Douglas
    replied
    she was turned around at Atlanta customs prior to even entering country. Yes I have considered moving to UK. Actually right now think that is our solution. I am trying to close up my affairs here and then move myself. From what I have seen it is alot easier to do it that way. Only issue is me finding a job in England but am planning on going there in mid February to visit her and check out job market in my field. Thanks for the reply

    Leave a comment:


  • Theone
    replied
    You can not use the VWP if you have any overstay, never mind a ban.

    Presumably her past misdemeanours caught up with her and she was turned around and sent back?. Was she dported or allowed to withdraw entry. Makes a difference on the waivers needed.

    I believe a waiver adds about 9 months to the process, not 2 years.

    Assuming you have no issues, have you thought of moving. probably a lot quicker.

    Leave a comment:


  • Douglas
    replied
    Okay that was my complaint now on to the personal side of it. the bottom line is that my fiancee was entering the US on the Visa Waiver program on 7 Jan 2006. She had overstayed a visa from Mar 98 to Jun 2005. then left of her own accord. She returned in Sept 05 and left in Dec 05 within the 90 day period. Is there anything that I can do to get the 10 year ban lifted in a reasonable amount of time?

    Leave a comment:


  • Douglas
    replied
    There is an immigration matter that I would like to bring to your attention. There are two reasons for this. First and foremost it personally affects two people who I dearly love. Second of all, it is a plight, which I have found through research and conversations with other individuals, that is fairly common. First of all let me tell you something of myself and then the details of the issue itself and then I will give you the details of my personal situation.
    I am a natural born citizen, 51 years of age. I served my country honorably in the United States Navy for over 21 years, receiving many awards and citations. After retirement I was employed by the Department of Defense in numerous categories over the last 10 years. I have never committed a crime nor been charged with anything more serious than a minor traffic violation. Up until recently I have always been proud of my country and in spite of the sacrifices I have made in my military career, was proud and honored to be called a citizen of this nation. The issue that I am about to outline and circumstances that I will detail, have shamed and embarrassed me. I have always supported the law and been a strong supporter of how my country upheld the rights of all people, no matter their nationality, religion or ethnic background. However I have come to learn that this country has laws and regulations that do not extend basic human rights to certain individuals. Let me explain:
    By United States law anyone attempting to enter territories of the United States who are found to have overstayed a previous Visa are banned from entry into the United States for a period to be determined by the length of overstay. Essentially if you over stay less than one year, you are subject to a three, year ban from entering the United States. If the overstay is more than one year the individual is subject to a 10 year ban. This ban is waiver able in only a few circumstances. One being marriage to a US citizen, however the waiver if approved may take up to 2 years and then the Marriage Visa approval process may take up to another year. This ban is imposed on all forms of Visas including those individuals traveling under the Visa waiver program.
    This penalty is imposed automatically without hearing and without any recourse open to the individual involved. The waiver itself requires approval by the United States Attorney General. I have thoroughly researched differing immigration laws and penalties and in contrast to other laws and regulations this ban is extraordinarily harsh. For example: An individual who enters the United States illegally or remains in this country beyond their visa limit has the right of a formal hearing to decide his case. Unless there is criminal activity on the part of the individual, he or she has the right to request a hearing at an assigned future date. That individual is then released on his on recognizance until such time as the hearing. An individual that travels to this country legally and is found in violation of a past infraction does not have the right of hearing. Point of fact the individual may be guilty of nothing more than a clerical error and has no right of appeal or hearing to prove him innocent. Essentially the government assumes the individual is guilty until proven innocent, and proving that could take up to three years. Where else in this country does that happen?
    This country extends basic human rights and right of hearing to all individuals within its borders, no matter their legal and or criminal status. The exception to this rule are those individuals who are trying to enter the country legally but who have had for one reason or another overstayed a previous visa. The very idea that we as a supposedly free and just country do not extend basic human rights to individuals who are currently abiding by the law but who may through circumstances beyond their control commit a misdemeanor. This is also in contrast to those individuals who have committed felonies in this country and or those who are deported. Those individuals are normally barred from entering this country for 20 years, although the written law appears to give leeway to the courts to assign the same penalty for this as for a simple overstay in where the individual left of his or her own accord with no criminal record what so ever. He or she is immediately sent back to their country and automatically banned from entering US territory. Additionally a Visa overstay is listed as a misdemeanor only. I am not aware of any

    Leave a comment:


  • Douglas
    started a topic 10 year ban on overstay

    10 year ban on overstay

    There is an immigration matter that I would like to bring to your attention. There are two reasons for this. First and foremost it personally affects two people who I dearly love. Second of all, it is a plight, which I have found through research and conversations with other individuals, that is fairly common. First of all let me tell you something of myself and then the details of the issue itself and then I will give you the details of my personal situation.
    I am a natural born citizen, 51 years of age. I served my country honorably in the United States Navy for over 21 years, receiving many awards and citations. After retirement I was employed by the Department of Defense in numerous categories over the last 10 years. I have never committed a crime nor been charged with anything more serious than a minor traffic violation. Up until recently I have always been proud of my country and in spite of the sacrifices I have made in my military career, was proud and honored to be called a citizen of this nation. The issue that I am about to outline and circumstances that I will detail, have shamed and embarrassed me. I have always supported the law and been a strong supporter of how my country upheld the rights of all people, no matter their nationality, religion or ethnic background. However I have come to learn that this country has laws and regulations that do not extend basic human rights to certain individuals. Let me explain:
    By United States law anyone attempting to enter territories of the United States who are found to have overstayed a previous Visa are banned from entry into the United States for a period to be determined by the length of overstay. Essentially if you over stay less than one year, you are subject to a three, year ban from entering the United States. If the overstay is more than one year the individual is subject to a 10 year ban. This ban is waiver able in only a few circumstances. One being marriage to a US citizen, however the waiver if approved may take up to 2 years and then the Marriage Visa approval process may take up to another year. This ban is imposed on all forms of Visas including those individuals traveling under the Visa waiver program.
    This penalty is imposed automatically without hearing and without any recourse open to the individual involved. The waiver itself requires approval by the United States Attorney General. I have thoroughly researched differing immigration laws and penalties and in contrast to other laws and regulations this ban is extraordinarily harsh. For example: An individual who enters the United States illegally or remains in this country beyond their visa limit has the right of a formal hearing to decide his case. Unless there is criminal activity on the part of the individual, he or she has the right to request a hearing at an assigned future date. That individual is then released on his on recognizance until such time as the hearing. An individual that travels to this country legally and is found in violation of a past infraction does not have the right of hearing. Point of fact the individual may be guilty of nothing more than a clerical error and has no right of appeal or hearing to prove him innocent. Essentially the government assumes the individual is guilty until proven innocent, and proving that could take up to three years. Where else in this country does that happen?
    This country extends basic human rights and right of hearing to all individuals within its borders, no matter their legal and or criminal status. The exception to this rule are those individuals who are trying to enter the country legally but who have had for one reason or another overstayed a previous visa. The very idea that we as a supposedly free and just country do not extend basic human rights to individuals who are currently abiding by the law but who may through circumstances beyond their control commit a misdemeanor. This is also in contrast to those individuals who have committed felonies in this country and or those who are deported. Those individuals are normally barred from entering this country for 20 years, although the written law appears to give leeway to the courts to assign the same penalty for this as for a simple overstay in where the individual left of his or her own accord with no criminal record what so ever. He or she is immediately sent back to their country and automatically banned from entering US territory. Additionally a Visa overstay is listed as a misdemeanor only. I am not aware of any
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