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  • 3 years bar

    Hi,
    During year 2001, I was in a sabbatical from my Job and I came from France to the USA (AZ) with a B2. The INS officer gave me only 2 months. A few days after, I asked for a 6 months extension and got it. I was supposed to come back to france in August 2001 but I overstayed 181 days and left the US in Feb 2002.
    I suppose that for this reason, I got a 3 years bar.
    So, today, it's been 6 years that I'm back in France. I have planned for next July a 2 weeks trip vacation with my 2 daughters. The plane tickets are $4500....
    Do you think that I take a risk with the INS officer at the airport (should be Detroit) ? Do you think I'm still in the INS computers ? What do I have to do to make sure that this trip is not gonna be a disaster ?
    Thanks and Regards
    JMC

  • #2
    On what visa are you traveling? Did you apply and get a fresh visa for this travel?

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    • #3
      After an overstay, the visa is automatically cancelled. You may need to apply for a new visa, if you have not done so already.
      Check out H1 FAQs first!
      http://www.immihelp.com/visas/h1b/h1-visa-faq.html

      Comment


      • #4
        Assuming you have applied for a new visa, you should be fine. If not, you need to.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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        • #5
          I asked for a new biometric passport with the visa waivers program between France and the Unites states (3 month max).
          I'm waiting for this passport, I already ordered my plane tickets...
          I'm gonna bring with me a couple of papers proving that I'm not a potentiel immigrant. (from my employers,Bank account, and Im the owner of my house in France). Plus a round trip plane tickets. In case of a suspiscious officer, do you know if I can ask for a deferred inspection, to expose my case ?
          Thanks.
          JMC

          Comment


          • #6
            no, you can not.
            Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

            Comment


            • #7
              You need to get a visa for the visit as you have overstayed your previous admission and you are bound by INA 212 inadmissibility criteria.

              Q: When Must I Obtain a Visa Instead of Using the VWP?
              A: If you intend to arrive in the United States aboard a non-signatory air carrier, you must obtain a nonimmigrant visa prior to boarding the aircraft. Similarly, if you intend to visit the United States for more than 90 days, you must obtain a nonimmigrant visa before arriving in the United States. If you believe any grounds of inadmissibility at INA ยง 212(a) apply to you, you should apply for a nonimmigrant visa with Form OF-156 before traveling to the United States. You can obtain Form OF-156 from the American Embassy or consulate nearest your place of residence or the State Department Website. Although you may be inadmissible to the United States, you may qualify for a nonimmigrant visa and waiver, which will allow you to travel to the United States.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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