denial for overstay

[Used to be broken 147]

Look up I 601 etc.

It is certainly not impossible, comparable to an English Comprehension exam. Just need to do your homework, or employ someone who has.

That is a gross understatement of the gravity and difficulty of getting an I601 approved especially when dealing with a situation where the alien spouse/fiance is not coming from a 3rd world country and there is no language barrier.

Anyone who needs this waiver should seek legal counsel if they can afford it.

[Boiler 45,360]

By far the easiest country to get a waiver is Mexico, not a third world country.

On the other hand some third word countries are very hard to get through.

London is generally considered not too bad a consulate to deal with.

Generally.

There is plenty of information around. I would put it at A level standard. Lots of people do their own, but if you can afford it or do not feel comfortable certainly go with a lawyer who knows their waivers.

[LotofPatience 65]

I know the appeal process is TOO LONG for the 3 year bar. It could take up to 24 months, the best course of action is not to appeal the only way to win it is if USCIS made a legal error. The better alternative is to rework the I601 packet, beef up the evidence and resubmit. Most overseas consulates are processing I601 applications in less than 6 months.

Thanks brokenfamily for the input!

Loto

[Nataliya-Ron 7]

mehh..

I've never been entirely sure on this.... are you supposed to leave no later than the date stamped on the visa waiver card, or is it the day before that you need to leave? My last visit, the date stamped to leave was September 8th. I left September 7th .... not sure if I stayed 89 days or 90 days... because if you count the day I arrived (June 10th) up till September 7th... it's 90 days in total... confusing

If you exceed your stay in the USA it or you can be banned 10 years from returning.

I dont have the US title code but i will try to find it and paste it here.

Or if you dont leave the country on the date you were suppose to.

It can create probelms for you later or in the future.

Im not trying to discourage anybody but just letting you know THEY FROWN HEAVYLY ON THIS AND WILL

Penalize you big time if they catch you doing it.

Good Luck

[Nataliya-Ron 7]

OVER STAY'S

HOPE THIS HELPS ANYBODY NOT SURE ! ! ! !

Consequences of Overstaying

1. Inadmissiblity as a consequence of Overstaying

The 1996 reform created two new grounds of inadmissibility for foreign nationals who remained in the U.S. after the expiration of the period of stay authorized by the Attorney General through the immigration inspector at the time of entry.

a. The Three Year Bar: Persons who remain in the U.S. after their authorized stay has expired for more than 180 days but less than one year, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for three years from their date of departure.

b. The Ten Year Bar: Persons who remain in the U.S. after their authorized stay has expired for more than one year, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for ten years from their date of departure.

2. Bar to Change of Status and Extension of Stay as a consequence of Overstaying

Persons who remain in the U.S. after their authorized period of stay are not able to extend their stay in the U.S. or change their status to another nonimmigrant status. In most cases they are also barred from adjusting their status from that of a nonimmigrant to that of an immigrant.

However, the USCIS stated that as long as a foreign national files for an Extension of Stay or Change of Status or Adjustment of Status before the period of authorized stay expires, the foreign national will be considered to be maintaining status until a decision is made on the application or petition, even if the decision is after the date on the I-94 expires.

3. Visa Voidance as a consequence of Overstaying

Another major change in the law affects your current visa. The visa of any foreign national that overstatys their period of stay is voided. Immigration is very strict in its interpretation and application of this provision – overstaying by even a day will void your existing visa. A foreign national who has overstayed may not be readmitted unless they have obtained a new nonimmigrant visa in their country of nationality.

4. No Consulate Shopping as a consequence of Overstaying

The new law provides that any foreign national who has stayed beyond his period of authorized stay in the U.S. must return to his country of nationality to obtain a new visa. You may no longer apply at a Consulate that is ‘more convenient’ or closer to the U.S. If there is no Consulate in your home country of nationality which issues visas, the Secretary of State may designate a third country where those individuals can apply for a new visa.

There is a narrow exception to this rule. If the foreign national can show that ‘extraordinary circumstances’ exist, they may be allowed to apply for a visa at a Consulate in a third country, i.e., a country that is not their country of nationality. Any person wanting to take advantage of this exception must receive the consent of the third country Consulate before making an appointment and submitting a nonimmigrant visa application.

II. Waiver of the Three or Ten Year Bar of Inadmissibility for Overstays

1. Nonimmigrants

The 1996 reforms do not include a waiver of the three or ten year bar for nonimmigrants. The immigration laws do not, however, preclude a nonimmigrant from applying for a waiver under section 212(d)(3). Section 212(d)(3)makes available to nonimmigrants a general waiver for most grounds of inadmissibility.

2. Immigrants

The statute does not provide a specific waiver for the three or ten year bar for foreign nationals who are the spouse, son or daughter of a U.S. citizen or permanent resident. The waiver is not available to foreign nationals who only have children who are U.S. citizens or permanent residents. To obtain the waiver the foreign national must show that their U.S. citizen or permanent resident spouse or parents will suffer ‘extreme hardship’ if the foreign national is not allowed to return to the U.S. ‘Extreme hardship’ to the foreign national himself is not recognized for the purposes of the waiver.

[Used to be broken 147]

By far the easiest country to get a waiver is Mexico, not a third world country.

On the other hand some third word countries are very hard to get through.

London is generally considered not too bad a consulate to deal with.

Generally.

There is plenty of information around. I would put it at A level standard. Lots of people do their own, but if you can afford it or do not feel comfortable certainly go with a lawyer who knows their waivers.

I would not say it is "easy" to get a waiver in any country. Mexico had 80% of the Waiver adjudications worldwide so they have a high number of approvals and a pilot system in place to deal with the volume. They also deal with cases very different from other countries and the high approval rate has a strong correlation to the fact that many of these cases involve an EWI where the person was brought here as a child ,and very strong ties to the US that go back for years, which gives them equities that might not be seen in cases adjudicated elsewhere. Consider a clean EWI case where the person was brought here as a child, and enters the I601 process voluntarily. Its a totally different ballgame than other consulates.

London presents some other obstacles, there is no language barrier, and similar living conditions to the US. Something to consider when "having the I601 handy" in case of a waiver need at the interview.

[Boiler 45,360]

I would not say it is "easy" to get a waiver in any country. Mexico had 80% of the Waiver adjudications worldwide so they have a high number of approvals and a pilot system in place to deal with the volume. They also deal with cases very different from other countries and the high approval rate has a strong correlation to the fact that many of these cases involve an EWI where the person was brought here as a child ,and very strong ties to the US that go back for years, which gives them equities that might not be seen in cases adjudicated elsewhere. Consider a clean EWI case where the person was brought here as a child, and enters the I601 process voluntarily. Its a totally different ballgame than other consulates.

London presents some other obstacles, there is no language barrier, and similar living conditions to the US. Something to consider when "having the I601 handy" in case of a waiver need at the interview.

I did see the number for Mexico, it was higher I think than 80%.

I do not know what percentage of beneficiaries EWI'd before the age of 18, but as the beneficiaries hardships are irrelevant it does not really matter.

There are more significant differences between English and American English than there is between Spanish used in the US and in Mexico. The US does not have an official language.

I 601 situations, like this one, are pretty clear. It is not a case of having it handy, a case of being prepared to submit so you do not incur further delays.

[RichiJenny 14]

If you go to an interview and are denied with chance of filing a waiver - file it immediately and insist that the CO takes the whoe packet that you have prepared, not just the i601 forms and HSL - for both spouses, as this is now required. Try to keep your whole package together.

[Paloma&Adam 1]

If you go to an interview and are denied with chance of filing a waiver - file it immediately and insist that the CO takes the whoe packet that you have prepared, not just the i601 forms and HSL - for both spouses, as this is now required. Try to keep your whole package together.

How're you doing mate? We're all right behind you. You'll get things sorted

[RichiJenny 14]

Thanks mate. I wish there was more I could say, but i dont want to compromise anything about our case. By being open about it online could be detrimental, but thanks for your kind words.

[phlpro30 3]

My Fiance overstayed on the Visa Waiver... but not past 180days from the original expiration day of the waiver... he was fine.. they asked why he overstayed.. we explained.. and that was that..

This was during the interview at the London Embassy...

[RichiJenny 14]

As is stated. Over 180 days incurrs the bar.

[USAUKHUNNY 0]

Hey Richie. I hope you are doing better today. I am truly sorry to hear about your day yesterday. Hang in there. You will see your wife again.

[LotofPatience 65]

Hey Richi mate, glad to see you here again

I am sure you'll overcome this one with I-601 waiver.

All the best wishes to you and family

Loto

[RichiJenny 14]

Hey Richie. I hope you are doing better today. I am truly sorry to hear about your day yesterday. Hang in there. You will see your wife again.

Hey Richi mate, glad to see you here again

I am sure you'll overcome this one with I-601 waiver.

All the best wishes to you and family

Loto

Thank you both. Yep, worst day of my life.

Loto, best of luck for yuor wifes interview tomorrow my friend.