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  1. #1
    Join Date
    Mar 2012
    Posts
    3

    Default Return to USA After Overstay

    I entered usa legally in 2006 on b1-b2 visa(my 4th entry)...i lost my passport the day i arrived. i tried getting the i-94 from homeland security but it did not arrive before the departure date...i had two 6 months extenstion hoping to receive an i-94 in time. i always got it 2 months after the departure date & i overstayed in this confussion. i left usa in 2011.(i got a new passport from my embassy in 2006 & had to renew it every year)...can i get a student or visit visa to enter Usa again. If i wanted i could have married there n got the citizenship but that was against my morals & ethics. i m married in my home country. if my wife gets an H1 or students visa...can i come to usa. Plz help

  2. #2
    Join Date
    Jan 2007
    Posts
    1,236

    Default Re: Return to USA After Overstay

    You have a 10 year ban from 2011 - you appear to have nearly a 5 year overstay. You will not be granted entry without a waiver and you have said nothing to look like you qualified for one. A student or work visa for a non-citizen spouse is not a sufficient reason. Marrying a US citizen will not get you automatic entry either.


    By the way - no one overstays "in the confusion". Once you had a passport, you could have left at any time.

  3. #3
    Join Date
    Mar 2012
    Posts
    3

    Default Re: Return to USA After Overstay

    As per the documents i got 2 extentions ...so i was lagal till late 2007. what shall be done to be granted a waiver form. i really want to get back to Usa in legal way & settle there.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,831

    Default Re: Return to USA After Overstay

    You can ask an attorney, but I don't rate your chances of success highly at all.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Mar 2012
    Posts
    3

    Default Re: Return to USA After Overstay

    Any idea if i can get a Canadian Citizenship in near future...will that help?

  6. #6
    Join Date
    Jan 2007
    Posts
    1,236

    Default Re: Return to USA After Overstay

    NO. Lest you tink about lying, don't. You will receive a permanent ban from entry for material misrepresentation.

    What you want has no bearing on what is possible. Many people who have always obeyed the laws are unable to immigrate because they do not meet the requirements. You have demonstrated that you have no regard for US laws. Any application will - as it should be - examined carefully for adherence to all laws and regulations.

    Marrying a US citizen for a marriage benefit is also unlikely to be successful.

    Your lost passport excuse is an absurd reason for your actions.

    If you do not like or believe what you have been told here, pay a reputable US licensed immigration attorney for advice.

    Your apparent desperation to enter the US by any means possible is very suspicious and unsettling.

  7. #7
    Join Date
    Sep 2010
    Posts
    9,490

    Default Re: Return to USA After Overstay

    The threshold on overstay for the ten year ban is a year of overstay and voluntary departure. As pointed out you will have to:

    1. Get a waiver of the 10 year ban
    2. Figure out what VISA you might possibly be eligible for and get one.

    Canadians aren't any better off than what ever country you are currently from. Once you've been caught breaking the rules the VISA WAIVER and other preferred programs are CLOSED to you.

  8. #8
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,992

    Default Re: Return to USA After Overstay

    As per the documents i got 2 extentions ...so i was lagal till late 2007. what shall be done to be granted a waiver form. i really want to get back to Usa in legal way & settle there.
    This changes nothing. Once you accrue more than a year of illegal presence - and you accrued well more than a year! - the ten year ban applies, and there is rarely any way around it. If you want to come here legally, your only real option is to wait out the ban, then apply for a visa. I wouldn't get my hopes up for coming over and becoming a legal resident. It's unlikely you'll be eligible to do more than visit.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
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