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Returning to USA after big visawaiver overstay!

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JonnyH
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Posts: 1
Joined: Wed Apr 02, 2008 9:12 pm

Returning to USA after big visawaiver overstay!

Post by JonnyH » Wed Apr 02, 2008 9:26 pm

Hi all! So my situation is that im from England & recently went over to america on a visa waiver to stay with my american gf & i ended up overstaying by quite a bit. I developed a serious hate of the idea of flying whilst over there following stupidly reading a lot of stories about terrorism/plane crashes etc & this caused me a lot of problems when trying to find a way back. I tried to book several cruises back to England but ended up missing out on them by 1 place both times & they dont come around very often.

Long story short it took me a lot of time but i did end up leaving by plane after becoming aware that i could be banned for 3 years if i stayed there unauthorised for 180 days or more and this idea forced me to get on a plane again. Though i ended up leaving after 175 days into it so technically only just missed facing this deadline. Coming back to England with my gf was relatively hassle free suprisingly but they did not take my I-94W visa waiver slip which i have recently read is what they need to let them know i am out of the country.

So as you can see this is a very complicated situation :(

It has now been 8 months since i came back to England & my gf has left and come back during that time & i would now like to go back over to america to live with my girlfriend permanantly. I recognise that i can no longer use a visa waiver following my overstay, i have also read that as i am from a visa waiver country in England that it will be very hard for me to get another form of visa to go over to the USA anyway, let alone after having overstayed for so long.

So im asking for help or advice if you can be kind on a few questions i have!! :?:

1: Am i banned from the united states for 3 years by overstaying for so long, or did i avoid this situation?

2: How likely is it that i will be able to get a visa to stay in america, would we need to get married?

3: Should i get a lawyer or immigration consultant to help me out with all this, if so can you recommend anyone good and trustworthy?

4: If you could offer any other advice on my situation that would be very kind and helpful!

Thankyou very much for reading & especially more so if you have any advice you can offer me!

Spark
- thin ice -
Posts: 99
Joined: Wed May 14, 2008 11:54 pm

Post by Spark » Thu May 15, 2008 12:16 am

I remember I left there once in 2000 and they didn't remove my I94W card and I just gave it back to them when I applied for J-1 since it was their mistake, but that was pre 9-11 and I hadn't overstayed or anything like that.

I would maybe consider calling the consulate.
We make holes in the teeth
We make holes in the teeth.

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