Do I have any recourse after overstaying my i94 visa for 4 weeks? 5 Answers as of January 17, 2011

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.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
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.
Answer Applies to: Florida
Replied: 1/17/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
When you were detained on the Border you were issued an A number. Please consider filing a Freedom of Information Act to obtain your records. There you will find if your ban was for 3 or 10 years.

Once you find the bar against you entering the U.S. you may consult an immigration attorney on how to file a waiver for entry.
Answer Applies to: Texas
Replied: 1/3/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
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.
Answer Applies to: California
Replied: 1/3/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
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.
Answer Applies to: California
Replied: 1/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
The ban is 3 years if you overstayed for 2 weeks.
Answer Applies to: Florida
Replied: 1/2/2011
Click to View More Answers: