Got A B2 Despite Prior Overstay - Should I Travel To US?
I don't know if I should travel to US:
Was on US on F-1 D/S
Married, but not to USC.
Left for winter break in 2000, reentered in Jan 2001 for D/S
I was not allowed to register for Spring 2001 - academic probation
Went out of status.
Consulted lawyer Feb 2001 to change status to H4.
Lawyer suggested not to as I will get deported. :wallbang: I should have known better.
I-20 says studies to be completed no later than May 2001 - so I guess expired and unlawful presence starts?
Had kids while in US who are now USC
Was never part of any removal processings etc.
Left US in 2005
Recently applied for B2 and got approved for 10 yr Multiple entry visa!
Did not lie on visa application
Was not asked about previous status, studies, I-20, degree etc. by VO
Now I worried if I should travel to the US. Would I be deported at POE?
Can anyone give any advice?:confused:
Re: Got A B2 Despite Prior Overstay - Should I Travel To US?
Did a little bit more research, looks like I fall under
212(a)(9)(B)
D. Alien Admitted for D/S Who Violates Status
(I) Alien admitted on a student visa for duration of status, drops out of school day after arrival, takes up unauthorized employment, departs ten years later without ever having been found to have violated status by INS or an IJ: no unlawful presence accrued, not subject to 9B. In addition, 222(g) does not apply because there was no formal finding of a status violation by INS or an IJ. (see Ref D Septel on 222(g)).
Found here http://www.immigrationlinks.com/news/news729.htm
Need to understand how this affects entry at POE since visa is already issued.
Re: Got A B2 Despite Prior Overstay - Should I Travel To US?
You really need to discuss your situation with an attorney specializing in immigration issues.
Re: Got A B2 Despite Prior Overstay - Should I Travel To US?
Right. Unfortunately, all we can do is guess at what happened and what might happen if you enter. While I suspect that you'll be able to enter, the consequences of being turned back at the border are significant so you should be trying to get reliable counsel, based upon the full details of your case, from a qualified immigration lawyer.
Re: Got A B2 Despite Prior Overstay - Should I Travel To US?
Thanks, I will consult a lawyer.
Re: Got A B2 Despite Prior Overstay - Should I Travel To US?
Attorney suggests 212 waiver before travelling to US. I would like a second opinion.
If the bewlow is correct based on Dec 17 state dept cable. This would mean that even if the consular officer issues a visa, INS reserves the right to apply the bar:
E. Except in cases where the alien either entered without inspection (EWI) or stayed beyond the date specified on the I-94 (overstay), conoffs may not refuse an alien under 9B unless INS or an IJ has made a formal finding that the alien violated status. Other than in overstay and EWI cases, a conoff s belief that a particular alien violated status is not/not in itself a sufficient basis for a 9B refusal. Even if the alien admits to an apparent status violation (other than an overstay or EWI), that would not be a basis for a 9B finding, absent a prior INS or IJ finding of a status violation.