Do we need waivers

[ssonia 0]

My husband was in USA from 1999 to 2005 without any immigration violation. He went back to Bangaldesh, applied for

new visa and entered USA as a student again in 2006 and didnt attend school.On January 2007 he got caught and took volenteer departure.

He also got bar of 3 yrs. Now April 2009, bar would be finished. Now my question is, do i need a waiver

if i want to apply for immigrant or non immigrant visa after the bar is done?

[emt103c 10]

I'm assuming you are a USC wife of this man?

If so he would not need a waiver for an immigrant visa. He is not eligible to come to the U.S. as a visitor, non-immigrant (under most circumstances) if his wife is a USC. Reason being visas from Bangladesh are hard to get in the first place and it is difficult to show ties to the country if your spouse has such strong ties to the U.S.

Oddly, if he was on a student visa with D/S status, he didn't actually get a three year ban unless he stayed more than 180 days after being declared out of status. . .little known fact. . .

[ssonia 0]

thanks for replying. He actually overstayed more than 180 and less than 365 days. So he gets 3 yrs ban. I am also from Bagladesh waiting for my citizenship interview and hope that i will be USC before his 3 yr ban is over( april 2009). So does he need to apply for waiver for visit visa or immigrant visa after april 2009?

Time line:

January 2007 : Filed N-400

February 2007: Fingerprint

December 2008: Second fingerprint

[Zayd 0]

Given that he is from Bangladesh (where it is exceptionally difficult to get visit visas) and his previous overstay, it is unlikely he would get a visit visa. You are better off applying for an immigrant visa when eligible.

Also if he got a three year bar in 2007, wouldn't his bar expire in 2010 and not 2009? It was my understanding the bar begins from the time he was caught although I could be wrong.

My husband was in USA from 1999 to 2005 without any immigration violation. He went back to Bangladesh, applied for

new visa and entered USA as a student again in 2006 and didnt attend school.On January 2007 he got caught and took volenteer departure.

He also got bar of 3 yrs. Now April 2009, bar would be finished. Now my question is, do i need a waiver

if i want to apply for immigrant or non immigrant visa after the bar is done?

Edited December 7, 2008 by Zayd

[emt103c 10]

The bar starts on exit from the United States.

ssonia, what exact classification of student visa was it?

Was his I-94 marked "D/S"?

[ssonia 0]

Yes Zayd you are right. His bar will end on 2010. He is also a permanent resident of Qatar where he is staying and working currently. This is the same country he got student visa from.

Now about I-94 card, i believe D/F was written in it but i am not that sure. So he is a chance of applying for visit visa from Qatar as well which is relativly easiar to get. Do you think i should apply for waiver now since it takes long time to process?

Edited December 9, 2008 by ssonia

[Boiler 45,549]

Yes Zayd you are right. His bar will end on 2010. He is also a permanent resident of Qatar where he is staying and working currently. This is the same country he got student visa from.

Now about I-94 card, i believe D/F was written in it but i am not that sure. So he is a chance of applying for visit visa from Qatar as well which is relativly easiar to get. Do you think i should apply for waiver now since it takes long time to process?

He woud need both the visa and a waiver. In both cases the waiver cannot be applied for without the visa being first refused.

What is his reason for applying for a Visitor visa?

[emt103c 10]

You need to check the I-94. If it was marked "D/S" and he was never DECLARED out of status by an immigration official or judge or deported, while still in the U.S., then he doesn't actually need a waiver.

If it was marked D/S he qualifies for a little known loophole. . .D/S'ers are not out of status until being declared so and therefore do no accumulate unlawful presence.

If he was declared out of status and stayed 180 days past that, then he needs the waiver.

He still will not get a non-immigrant visa. . .but would be eligible for an immigrant visa.

Good luck.

Edited December 9, 2008 by emt103c

[nathmc31 0]

I would attach a letter of explanation to the application in April.