QUESTION
Do I have any recourse after overstaying my i94 visa for 4 weeks?
Asked on Jan 02nd, 2011 on Immigration - California
More details to this question:
I overstayed my I94 by 4 weeks and was caught by border patrol in texas, I was very naive and trusted somone to help arrange a working visa for me, O used my savings to pay him and it was a scam. Therefore O was took to Laredo in Texas and kept in detention for 3 weeks while my paperwork was getting organised as apparently they hadnt had an english person pass through there for 15 years and they struggled to know what to do with me. I left the usa in july escorted by 2 people that made sure I got on the plane back to the UK. I did come home with a piece of paper but nearly 4 years on with a baby and a husband new life etc, I cannot find this paperwork. I was told by someone that my ban was for 10 years but I only overstayed for 4 weeks when caught. So I am confused. Many thanks.
3 ANSWERS
If you only overstayed 4 weeks probably there is no penalty. The on ly issue is whether you were deported7n since that could give a penalty of 5 years. You should contact an immigration lawyer.
Answered on Jan 17th, 2011 at 5:43 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
I would have to review the paperwork that you received at the time of deportation as well as the "working visa" paperwork it does seem strange that you were give a ten year bar for a four week overstay and not allowed to apply for a less serious result especially if you were trying to remain legal with a change of status application.
If there is a nonimmigrant status that you are eligible for you can still apply for this and a waiver at the same time but again I would need to know about you, your qualifications for the nonimmigrant visa and see exactly what you were given when returned home.
We can arrange a consultation with you by telephone - our fee is $350 per hour - This can be scheduled by calling the number below and arranging payment.
Answered on Jan 03rd, 2011 at 10:28 AM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
It is unclear from your facts, but it seems that you were removed or deported from the U.S.. While you may have only overstayed your I-94 by 4 weeks, if you were deported or removed than you are inadmissible to the U.S. for 10 years. The 10 years began to run when you left the U.S. and you cannot return to the U.S. any sooner unless you apply for a new visa and are granted a waiver.
Answered on Jan 03rd, 2011 at 9:28 AM