Question about 10yr ban/CONFUSED,need to pick your brain

[jolantarenee]

In 1999 June my J1 expired and I left US in 2001 February.Does the 10 year ban starts after 2001? I believe so, but... This is what's confusing. In 2002 I applied for B visa, got it, traveled to US in 2002 to visit as well as 2004 on B visa as well as in 2006 as canadian ctz. So how come I was able to do this, where is MY 10 YEAR BAN???? If I did have 10 year that would start count down from 2001, right? Also, consider this when answering my question: on my way out of US in 2001 (the time that I overstyed over a year) I emigrated to Canada by car, so I never faced US immigration therefore they never got my I-94 from my J1. So maybe they granted B visa later since they could not see the date when I left in 2001? Anyways, when I go for K3 or IV if they discover that will they count 10 years as of 2001? Thank you in advance for your help.

[jolantarenee]

On my last trip in 2006/2007 I also overstayed by 187 days..

[Luckysprite]

jolantarenee - I am sorry that I cant answer your questions - I just wanted to bump this thread and hopefully someone else will come along who can!!

[kitkat1]

The duration of J-1 status depends on the rules established by your particular Visitor Exchange Program. To determine the duration of your program, review your IAP-66 or Certificate of Eligibility. There is a 30 day grace period after expiration for "packing and leaving". It appears your 10 year ban for the overstay of more than 180 days (plus 30) after your J1 expired started when you left in 2001. The fact that you were able to receive the B2 visa will definitely raise some questions and issues -- did you lie on your application about previous overstays? You should definitely consult with a lawyer to clarify - it's a complicated situation.

[jolantarenee]

Well, I can't remember exact questions on B visa form, but I there is no way I would have lied, UNLESS that's how I understood the question. The only lie about which I am aware of is during application for TN visa due to my attorney's misleading info. Is there a form on USCIS site for B visa?

[losguerra]

jolantarenee, I know someone in a similar situation, who has gotten visas to go to the US regularly since 2001, despite having overstayed by several years and certainly being eligible for the 10-yr ban. My theory is that they aren't as thorough checking overstays when you're applying for a non-immigrant visa, but they certainly do uncover the info when you go for an immigrant visa.

[jolantarenee]

losguerra, thank you for the input. Do you have more details on that case? Did the person applied for IV and discovered had a 10 year?

[jolantarenee]

kitkat, did not mean not to thank you as well, many many thanks!

[JMRJ]

This is what's confusing. In 2002 I applied for B visa, got it, traveled to US in 2002 to visit as well as 2004 on B visa as well as in 2006 as canadian ctz


Do you have the I-94 card with you when you entered on J1? Does it say something with D/S on it?

[Glühbirne]

I know some people who were able to get an H2A visa, even though they had the ten year ban and it was far from being up.

[Manda316]

whats an h2a visa glu?

[Glühbirne]

An H2A visa is a company-sponsored non-immigrant visa for someone to work in agriculture.

It's so nice to see you. I haven't seen you in ages and you're not on MySpace anymore! Wow! You had another baby? Your HSL was denied? It's all news to me. It's so nice to see you back.