During my most recent interview last year I was told I was on a 10 year ban because I overstayed my visa by a year and half and was over 18 years old. Even though I told the consular officer that my visa was under my parents passport and traveled at the age of 13 and left when I was 20 and had no choice but to wait until I had a stable situation before going back to Europe, I was still considered to have a 10 l-year ban.
Not knowing I had the 10-year ban, I still went back to the States to visit my family at least 12 times within the last ten years and answered no and all questions on the ESTA since I didn’t know I overstayed my visa and that I had a 10-year ban.
Now I am in the process of re-applying again but I'm scared that the officer will ban me for life if they consider that I should have known.
What can I do to prove them that I had no idea so it wouldn’t affect my IR1 immigration visa?
Thanks for the help.91Paul
You should have no problem getting an immigrant visa if you don't have a ban. Your 10-year 9B ban for accruing 1 year of unlawful presence and departing is over. What other ban can you have?
There is no ban for entering the US while you are under a ban, if that's what you're worried about. They shouldn't have let you in, but they did, and there is no ban for having gotten in like that. Whether you knew that you were under a ban or not is also not relevant by itself.
One ban to consider is the lifetime 6C ban for fraud or misrepresentation. The places where there may potentially have been misrepresentation are on the ESTA applications and at the port of entry on your travels when you entered on the Visa Waiver Program. That's why some people asked you in comments whether you were asked a question about overstay on your ESTA applications (e.g. something like "Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?"). The questions on an ESTA application have changed many times over the years, and I don't know what exact questions you got (do you know?), but if it asked about overstay, and you answered no, that could be misprepresentation.
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