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Help786

How to Overcome Unlawful Presence

By Help786 in IR-1 / CR-1 Spouse Visa Process & Procedures

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Help786 Contributor

Help786   0

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

Hello,

I have a question, how can someone overcome a unlawful presence if they have stayed less than 180 days but went to USA without visa? Are they still consider as unlawful/illegal presence. What are the chances that it can waived?

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sachinky Mentor

sachinky   465

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted

If they entered the U.S. without a visa--then that's EWI--entry without inspection--in other words, illegal.

Your visa will be denied at the interview, and you can file for a waiver.

How does someone manage to EWI from INDIA? This makes me very curious? Swam all the way there?

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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