F1 overstay

[mkeynes]

Hi,

Here's the story...

- Arrived in US in January 1993 with an F1 visa valid till 1996.. I-94 has D/S.
- Graduated in mid 1994.
- Received the one year work permit in Sept. 1994 and left the company I was working for (legally) when it expired in Sept. '95.
- Worked for 2 more companies (illegally) till November 1998. So basically overstayed and worked for 3 years.
- Left the US in Nov '98 (willfully - no US official was involved at all).
- No troubles with the law offices at all during my stay in the US.

1.
I know its been almost 10 years since I left the US. I just want to go back to the US for a holiday with my family next year. What are my chances of getting a holiday visa next year?

2.
Even if there is a 10-year bar and I have been out of US for 10 years, is it hard to get the visa after the 10-year bar is expired? Any advise to get it would really appreciate?

Thanks a lot in advance...

[Laura]

Technically, you are eligible, as you said. Even if there was a 10-year bar it's already passed. You shouldn't have troubles!

[Kolken]

If D/S was on your I-94 you did not accrue any unlawful presence in the United States prior to your departure unless there was a determination made that you violated the terms of your student status.

[mkeynes]

Thanks... but what I'm very worried about is the fact I 'worked' during the ovestay. So, for the question (in the application):

"Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?"

I should say, 'yes', right?

Then they will ask me to come for an interview. Then should I say that I 'worked' illegally?

[canadian_wife]

You need to tell the truth. If you get caught lying to customs/immigration it could be big trouble. And honestly...they often already know and ask you to see if you will tell the truth. So yes you violated the terms of a US visa and yes you should say you worked illegally. But the 10 year ban has passed.

[douginguam]

You are seeking a tourist visa, not an immigrant visa.

The 10 year ban almost certainly did not apply because with D/S on your I-94 no overstay accrues until there has been a determination that you have violated the terms of your visa. Also, from a layman's perspective, it is possible that since the F visa allows work that working wasn't entirely illegal either. (Need a lawyer to be certain).

I think your biggest worry will be to make sure you answer every question correctly without incriminating yourself. Saying you did something illegal if from the perspective of the law you didn't is probably not the best answer!

For a tourist visa the common reason for denial is weak ties to the home country. If you (and your family) have strong ties to home and really intend only a holiday my guess is you will probably end up with an approval, but you may have to jump through plenty of hoops to get there.

I would suggest it might be best to consult a lawyer about how to answer the question of visa violation rather than making layman's assumptions. On the easy side, you might try using Laurel Scott's chat.
:go: good luck :go: