Overstay

[mira 0]

Dear All!

In September 1997 I went to the US as a visitor and returned back home on July, 2001....in total I overstayed 3,5 years..... in 1998 I won Green card lottery and hired a layer to process the papers but.... the he did nothing... he just made money on me..... (i understadnd hat now:-(((well....I decided to saty in the US and improve my English;

While in the Us I didn't do anyhing crminal nor was involved at anything to harm my reputation....

In 2005 I started communicating with a wonderful man from US and fell in love with him. We are engaged now and already recieved our letter of approval... and are waiting for papers from consulate....

I am very much nervous about the interview and really hope to hear good advise....

If I am asked "if i ever overstaeyd in the US" I will tell the truth.... but have no idea what will happene? May be we should hire a lawyer?

Thanks,

Mira

[Jaylen Brit 0]

Hiring a lawyer might be an idea as your case will not be straightforward - at the very LEAST get a consultation and explain your issues.

Do you still have info on your 'green card lottery win' thing? And the previous lawyer fiasco? I dont know much about how that works; but any paperwork you have from that time is worth holding on to.

[sjoefl01 1]

You should PM Mrs P in the service center section. She has a lot of info about overstay. i think you will have tp file a waiver and show hardship for the American based on you not being here. You should read on waivers and overstay.

There is no real magic that a lawyer can perform. They are good if you don't understand the process but that is about all.

[Jaylen Brit 0]

While Im sure Mrs P will be very helpful, she isn't a lawyer - I honestly think a consult with an immigration attorney at the very least would help you with your options - its not magic, but legal options the OP needs.

No offense sjoe I just think she needs the widest possible choice for how and best to move forward.

[lore 0]

I'm not a lawyer but I hired one for my process and I overstayed 5 months BUT I applied to extend / change non-inmigrant status... although DHS never send me an answer on that the solely fact that I sent that application made my overstay lawfully....

I'll advise you to consult or hire an attorney for your case... it is highly probable that during the interview this will come up and surely you'll have to file a waiver since for DHS overstaying without asking for "permission" is unlawful....

Edited May 16, 2006 by lore

[meauxna 15]

You should PM Mrs P in the service center section. She has a lot of info about overstay. i think you will have tp file a waiver and show hardship for the American based on you not being here. You should read on waivers and overstay.

There is no real magic that a lawyer can perform. They are good if you don't understand the process but that is about all.

Considering all the issues the OP presented, I think that at minimum a meeting with a lawyer would be required; they are good if you don't know all the details of all the laws that have been bent.

I also submit that posters should not be soliciting or giving immigration advice in private message or email; it is much safer for all involved to post their questions openly and get multiple inputs. That way, the entire community can benefit as well.

[kitkat1 5]

At the interview you will be questioned under oath and you will have to admit to the overstay. Your visa will be denied and you will be told you can apply for the 601 waiver to "forgive" the overstay. The requirements for the 601 waiver include a "hardship" letter to be written by the USC to demonstrate and prove "extreme hardship" to the USC if you do not receive your visa and he is then forced to relocate permanently to your country. It's not nearly as horrid as it sounds but the letter needs to be well written and supported, in advance of the interview. And it does add considerable time to the visa process.Consulting a lawyer who is very experienced in the 601 waiver process, especially in your country, would be good to help you understand the process and if need be, to write the letter for your fiance based on information he can provide. You may also want to participate in the visacentral.net chat on Wednesday mornings at 11 Central time. The lawyer who runs the free chat is a 601 specialist and knows her stuff.

[iceyspots 0]

[mira 0]

At the interview you will be questioned under oath and you will have to admit to the overstay. Your visa will be denied and you will be told you can apply for the 601 waiver to "forgive" the overstay. The requirements for the 601 waiver include a "hardship" letter to be written by the USC to demonstrate and prove "extreme hardship" to the USC if you do not receive your visa and he is then forced to relocate permanently to your country. It's not nearly as horrid as it sounds but the letter needs to be well written and supported, in advance of the interview. And it does add considerable time to the visa process.Consulting a lawyer who is very experienced in the 601 waiver process, especially in your country, would be good to help you understand the process and if need be, to write the letter for your fiance based on information he can provide. You may also want to participate in the visacentral.net chat on Wednesday mornings at 11 Central time. The lawyer who runs the free chat is a 601 specialist and knows her stuff.

Dear KITKAT1,

thank you for your advice!