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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12304
Experience:  Write FOR JAMES to get my help!
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FOR EXPERT please respond to my last question is I got my

Customer Question

FOR EXPERT JAMES  please respond to my last question is http://my.justanswer.com/question/index/147c93c1d7284810a4af5a88e7501aea?continueTheConversation=False&comingFromAdservEmail=False&ratedThroughEmail=False&rating=0&paymentType=Unknown I got my visa stamped again. I am going to India now for vacation. Do I need to mention about the illegal stay again in D160 form ?

Submitted: 5 months ago.
Category: Immigration Law
Expert:  Expert James replied 5 months ago.

If the question asks whether you've ever overstayed, the answer is always yes.

Customer: replied 5 months ago.
For Leena Kammat:
Iam not clear with the answe of James.I don't think that I need to always mention it as "Yes" every time whenever I go for stamping since I successfully stamped once after the over stay. The previous lawyer told me that uscis will only check whether I overstated from the time I got my new visa stamping and they don't check the history. So I believe that I need to answer the over stay question in D-160 form as "NO" since I didn't overstayed after the new visa stamping.Please clarify whether I need to mention the answer as YES or NO
Expert:  Expert James replied 5 months ago.
Read the question and answer it accordingly. If you answer no and the question asks if you've ever overstayed, you'll have misrepresented yourself.
Expert:  Expert James replied 5 months ago.

Let's try it this way: What is the specific question? How is it worded on the application?

Customer: replied 5 months ago.
This is the question:"Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a US visa?"I mentioned yes before and went to India and got stamped and came back to US . I need to get a visa stamped again if I go to India now since the old visa is expired but have a valid I-797. For that I need to fill another D-160 form and do I need to mention "YES" again for the old incident ?
Expert:  Expert James replied 5 months ago.

OK, so I answered you correctly the first time. The specific question asks "Have you EVER... overstayed the amount of time granted by an immigration officer." So the answer is yes. It does not ask, since your last entry to the US, did you ever overstay. Yes, getting into the US corrects previous lapses. But it does not change the meaning or history of the word "EVER." Trust me, the officers know your history and they see your record. They know you've since been permitted entry, even if you had an overstay in the past. They will not hold it against you. But that does not mean it changes your obligation to be honest and provide accurate information.

If you say no to the question of EVER, they can very well claim that you've misrepresented yourself. I do not think you would like that outcome. And I certainly do not want to get blamed for any negative outcomes associated with that.

I hope that answers your question. Please remember to click on a rating at the top of your screen and hit the submit button - 4 or 5 stars are appreciated.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Customer: replied 5 months ago.
If I say YES then can they reject my visa for that ? But they already given me visa stamping after the overstay incident when I went to India so can they use this overstay against me again at any point of time in future ? I thought this will get reset once I get a successful stamping. Seems like this issue will follow me always ��
Expert:  Expert James replied 5 months ago.

Sir/Madam,

I already told you that your immigration history is available to the officers, whether you provide it on the DS160 or not. So even if you say no, they can see that you overstayed, or at least mentioned that you've overstayed in the past, and can still deny you the benefit. You admitting it on the DS160 or not admitting it does not change this fact in any way.

But if you do not admit it, then an officer can say you misrepresented yourself. And if they do that, then you can be assured that you will be denied a visa.

I have given you my professional opinion and the reason why. What you decide to do is your own decision. But if you say NO, and it does not work out for you, you only have yourself to blame.

I hope that answers your question. Please remember to click on a rating at the top of your screen and hit the submit button - 4 or 5 stars are appreciated.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Expert:  Expert James replied 5 months ago.

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but the question is still open and no credit has been given. Do you require additional assistance? Please let me know. Thank you!

Customer: replied 5 months ago.
Hi,Is there any way that I can write Yes with an explanation so that the visa officer will not deny my visa based on the past incident ?
Expert:  Expert James replied 5 months ago.

This question 6 days old and you asked that I respond to your last question days ago, which I did. I will opt out for another Professional to help you.

Customer: replied 5 months ago.
I can give you credit when I am satisfied and I am finished. That's what this site says and I will do that for sure.
Customer: replied 5 months ago.
As per the below link the grace period of staying on H1B if the employment ends abruptly is 60 days. So why should I mention the overstay ?https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programsPlease clarify