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?
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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.
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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.
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