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  1. #1
    Join Date
    Sep 2009
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    9

    Default 3.5 Year Overstay

    In 2004 I came to US on F1 visa, after semester stoped studying and stayed illegally till july 2009...Now i'm back in my country. my Driver lic is valid till december 2009, like visa sticker( which is obvioulsy expired), all my taxes are paid on valid tax id. I have new biometric passport now, and old one which shows that visa is valid till december.. my country is not on Visa waiver program, but for canada it is. what would be the best way to get back to US, fly to Toronto and get at train to NY whit border control on niagarra falls,
    or get a plane ticket directly to states? what are my chances to even get in to? Obviously my visa is valid only on the paper.Thanks

  2. #2
    Join Date
    Feb 2006
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    NA
    Posts
    244

    Default Re: 3.5 Year Overstay

    I would guess you have very little chance in making to the US, regardless of which way you try. You overstay triggered a 10 year bar on re-entry, so assuming that is in the DHS databases, when they check your passport/name, they will see you are barred from entry into the US. It wouldn't really matter which method you chose to try and enter the US.


    Your only chance is if the prior overstay was not detected or you run into a very lax border patrol, which I would not count on either one of those these days.

  3. #3
    Join Date
    Aug 2009
    Posts
    24

    Default Re: 3.5 Year Overstay

    try mexico

    AND Section (3)(C) stated that "Duration of Status Cases: An alien admitted for "duration of status" (such as a student or exchange visitor) will only begin to accrue unlawful presence if either: a) An Immigration Judge (IJ) finds the alien has violated status and is excludable/deportable/removable; or, b) The INS, in the course of adjudicating an application for a benefit (e.g., extension of stay or change of status), determines that a status violation has occurred."

    i dont think u have a 10 year ban and u should try mexico

  4. #4
    Join Date
    Feb 2006
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    244

    Default Re: 3.5 Year Overstay

    Here is a link to a document that has many quotes from the regulation. One even has the similar wording you have, but with an additional triggering event..

    " The alien has remained in the United States after the expiration date recorded on Form I-94, without having applied
    for an extension or change of status;"


    http://www.temple.edu/ois/pdfs/Overs...provisions.pdf

    It also talks about the challenge of interpreting the data,so form my viewpoint, the best answer would probalby be that we just cant say for sure.

    Bottom line for me is if DHS or ICE in anyway has knowledge of the overstay, they will enforce the re-entry ban.

  5. #5
    Join Date
    Sep 2009
    Posts
    9

    Default Re: 3.5 Year Overstay

    Thanks.. So if i don't have 10 year bar or any, could my girlfriend try get me a fiance visa? or even apply for a tourist visa? ..and if not it wouldn't be easier to cross the border at BC/Washington - there is no physical border, but sensors and cameras ( way less defended than southern border)..
    and should i try my chances at regular port of entry f. ex. niagarra with existing visa??? looking fwd to hear fr you.

  6. #6
    Join Date
    Aug 2009
    Posts
    24

    Default Re: 3.5 Year Overstay

    Mmadsen ok if he goes back home he's no longer in America and asks for a fiancée visa how can they give him a ban if he's no longer violating the law assuming he wasn't banned while in USA ? They can't cuz he's in his homecountry that same day they say oh well u violated the law!

    Mmadsen I also believe that is for i94 holders with specific date on it

  7. #7
    Join Date
    Sep 2009
    Posts
    9

    Default Re: 3.5 Year Overstay

    What are the chances to reentry on current visa suposely valid untill december 09? /without status etc..
    Thanks

  8. #8
    Join Date
    Aug 2009
    Posts
    24

    Default Re: 3.5 Year Overstay

    From what I know they r low if going thru airports... But who knows how good the security is under San diego or niagara falls

  9. #9
    Join Date
    Feb 2006
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    244

    Default Re: 3.5 Year Overstay

    Just because he is back in his home country does not mean the fact that he overstayed is completely fogotten or forgiven.

    Bartosky

    In the Search box of this site, type in Denied Entry and read through the posts for actual experience of people who have been in your situation or similar.

  10. #10
    Join Date
    Aug 2009
    Posts
    24

    Default Re: 3.5 Year Overstay

    it doesnt it just means he is not inadmissable thats all im saying

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