Extended stay in the US on B1/B2 visa

[rrobles 0]

Question???

My wife was previously in the US which is where we met, and she had overstayed her B1/B2 visa. She is now back in Mexico and we are going thru this long process. I have received a NOA on my I-130 and now we are dealing with the NVC. Has anyone gone thru this process? What are the chances of my wife getting denied or approved?

[YuAndDan 153]

Depends on length of overstay.

Overstays can accumulate and present them selves as bars of 3 years to 10 years, this will come up at the vis interview, and a waiver will be requested to be filed.

(B ) ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b )(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

You will have to wait for visa interview, and then file a waiver if the counselor officer requests one.