waiver

[L179 1]

ok i am a little confused.

in the pinned info, it says a waiver is used for anyone deported or voluntarily left the US.

my hubby lived in the US for about 9 years, almost 5 years ago. 1996-2004. He voluntarily left the US due to his moms health and came back to his home country...does he require one of these waivers???

and im not sure i quite understsand this 221(g)...

is this from the embassy or something we give to the embassy?

[YuAndDan 153]

Yes, an overstay of more than 1 year results in a 10 year bar.

(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.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html Edited June 19, 2009 by YuAndDan

[L179 1]

But he never overstayed.

he was there legally and left legally.

he never had a green card though, but did everything through right and proper channels

[Omark 3]

ok i am a little confused.

in the pinned info, it says a waiver is used for anyone deported or voluntarily left the US.

my hubby lived in the US for about 9 years, almost 5 years ago. 1996-2004. He voluntarily left the US due to his moms health and came back to his home country...does he require one of these waivers???

and im not sure i quite understsand this 221(g)...

is this from the embassy or something we give to the embassy?

I have K-1 interview coming up soon.I am also very worried about weather or not i overstayed.I was in the US for more than 5 years on F-1.Graduated and got BS.My visa was expired but i still had D/S on my I-94.I spoke to couple of attornies and they all said i shudnt have a problem.But i am still worried.....Any suggestions?

[JimVaPhuong 4,863]

ok i am a little confused.

in the pinned info, it says a waiver is used for anyone deported or voluntarily left the US.

my hubby lived in the US for about 9 years, almost 5 years ago. 1996-2004. He voluntarily left the US due to his moms health and came back to his home country...does he require one of these waivers???

and im not sure i quite understsand this 221(g)...

is this from the embassy or something we give to the embassy?

221(g) is not a form or document. It's a section of the Immigration and Nationality Act, which part of the US law. You can read the text of the law here:

http://www.uscis.gov/propub/ProPubVAP.jsp?...ceca097f0ca1ba3

When someone says they got a 221(g) denial, what they're saying is that the consulate gave them a denial letter which cited section 221(g) of the law as the reason for denial. Section 221(g) makes several references to section 212 of the law, which you can read here:

http://www.uscis.gov/propub/ProPubVAP.jsp?...ceca097f0ca1ba3

Section 212 describes all of the reasons an alien might not be admissible to the United States.

If your "hubby" complied with all immigration laws on his previous stay, then he won't be inadmissible, at least not for that reason. The comments in the pinned thread refer to aliens who were in the US illegally, and who subsequently left, even if they left voluntarily.

[canadian_wife 1,822]

Under which visa did your husband enter on which allowed him to stay for 9 years.

ok i am a little confused.

in the pinned info, it says a waiver is used for anyone deported or voluntarily left the US.

my hubby lived in the US for about 9 years, almost 5 years ago. 1996-2004. He voluntarily left the US due to his moms health and came back to his home country...does he require one of these waivers???

and im not sure i quite understsand this 221(g)...

is this from the embassy or something we give to the embassy?

[L179 1]

well...he entered on a student visa and then got married, had an AOS, but left before his green card arrived.

this whole thing took about 9 years

[emt103c 10]

Was the original AOS approved?

[JimVaPhuong 4,863]

well...he entered on a student visa and then got married, had an AOS, but left before his green card arrived.

this whole thing took about 9 years

As long as he was never out of status then there's no foul. Even if his green card was issued, he abandoned his residency by being out of the country for so long without a re-entry permit. His green card, if there is one, is no longer valid.

Is he still married to a US citizen? Where is his wife?

[emt103c 10]

well...he entered on a student visa and then got married, had an AOS, but left before his green card arrived.

this whole thing took about 9 years

As long as he was never out of status then there's no foul. Even if his green card was issued, he abandoned his residency by being out of the country for so long without a re-entry permit. His green card, if there is one, is no longer valid.

Is he still married to a US citizen? Where is his wife?

but reinstatement is faster than a new application. . . .and it depends on how long he's been gone.