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View Full Version : I really need your help guys


Frenchie11
05-14-2008, 12:08 PM
Hi everybody,

First i would like to apologize for my bad english, like you can tell by my name i'm french, so it's not always easy for me to write in english. It's the first time i post and i need your help, i don't know what to do and how to do it, i'm going to ask you a lot of questions.
Here my story:
In 1998 i applied for J1 sponsored by ' Council on International Educational Exchange' to bring university students to the USA for the summer. I was able to work from 1 june 1998 to 19 october 1998 and i left the US 6 january 2000, i wasn't deported i left on my own, i have never been arrested, at the airport they didn't ask me for my I 94 ( though i couldn't give it back because i lost it).
-I did asked for an apllication to extend my visa but it didn't work because they asked me for a new IAP66 indicating continued attendance to this school, i couldn't give it because i wasn't going to this school anymore. I should have gone see a lawyer, i had made a huge mistake.

I receive these 3 letters from the USCIS:
-Notice of Action: 24 septembre 1998
Case type I 539: Application to extend/change non immigrant satut
The above application has been received. It usually takes 90 to 120 days from the date of this receit for us to process this type of case. We will send you a written notice as soon as we make a decision on this case.

- Request for evidence: 17 march 1999
A review of the record indicates that you wish to extend your status as an J1. Please submit a new copy of current IAP66. The IAP66 sunmitted with the I539 has already been appoved. It will be necessary to submit a new IAP66 indicating continued attendance at this school. Failure to return the request evidence within 90 days from the date of this letter may result in the denial of your application.

-Decision: 6 august 1999
The Southern Service Center resquested additional evidence from you in order to process your I539,Application to Extend/change non immigrant status. You were given 12 weeks to supply the information requested. As of this date, we have not received your reply. Therefore, we are concluding you have abandoned this application and as such it shall be considered denied for reason of abandonment. there is no appeal to this decision. This decision is without prejudice to consideration of subsequent application filed with the INS.

I was young and very very stupid, i should have gone see a lawyer. Since i left in january 2000 i never try to re enter the states but i really want to go back to the US, I would like to go back to visit and to work, i want a new visa to work over there.

Here come the questions:
-I read somewhere that if you ask for an extension or a change of status you are allow to stay 9 more months without being illegal, is it true?
-How long is my overstay considering i asked for an extension?
-How long is my ban, 3 years, 10 years?
-Do you think i can get easily a waiver? which one should i get I 212 OR I 610?
-I don't have any family in the US or an american boyfriend husband, is it a problem to get a waiver?
-Should i take a lawyer, i don't want to make any mistake?
-Is my case is desesperate or not?


I' m really desesperate to go back to the US, i could wait 2 more years for an end to my ban but i don't want to.
Can you give me advices on what to do?
Thanks a lot.

I don't have internet at home yet, so i can't check everyday the forum and answer you

emt103c
05-14-2008, 02:08 PM
Were you deported after you left the U.S?

How long was your overstay?

How do you know you have a ban? Have you applied for a visa?

jsierra1982
05-14-2008, 02:44 PM
well i don't have any answers but wanted to say bienvenue...mon francais est terrible mais je peux parler un peu...il y a 8 ans que je estudie le francais et j'ai olvide tout! but our administrator marie speaks french!

Frenchie11
05-18-2008, 10:59 AM
I wasn't deported,i don't know if i have a ban and i didn't applied for a visa.
I don't know excatly how long is my overstay because when i was still in the USA i applied for an extension of my visa and i read somewhere when you apply for an extension or a change of status you can stay 9 more months without being illegal, and i don't known if it's true or not.

Nobody can help me guy pleeaaassseeeeeeeee!

Merci jsierra pour ta bienvenue

emt103c
05-18-2008, 05:09 PM
If you're trying to go back as a non-immigrant then you would not need an I-601 or an I-212. You would need to apply for the non-immigrant visa and then they will allow you to file for a non-immigrant waiver.

You will want to go to the I-212 section and read some of the posts by "jesuslovesyou" she posted some info on how that goes. Basically there is no fee and you would write a little letter explaining why you need to go to the U.S. The consulate would take care of filing the waiver.

I don't know how your overstay would be calculated, but since it was denied in August and you left in January you would have at least a five month overstay which would in itself not incur a ban, but I don't know when your visa actually ended and don't know how the application affects that. . .