Advice on Waivers for Non Immigrant Visas

[spacemango 0]

Hey All-

I am a US citizen living abroad and would like to go home with my (whole) family to visit (not to live) for Christmas.

My husband overstayed his visa by 5 years prior to returning to the UK and has been given a 10 year ban. WE have applied for 2 non-immigrant Visas from the UK (where we live now) since - one last Nov & one in 2006 - both applications were denied. I tried to set up an appointment to apply for a new non-immigrant visa for this year - as we have a dual citizen son & I finally have my UK indefinate leave to remain visa - but have been told we can no longer do this until 2015.

Where do I go from here? Can I submit a waiver to the embassy off the back off the non-immigrant apps denied - or do I need to submit the I 301 (even though we have no intention of moving back to the USA at the moment) and submit a waiver once asked for?

Any advice on this would be most welcome-

Thanks

[Bobby+Umit 161]

Hey All-

I am a US citizen living abroad and would like to go home with my (whole) family to visit (not to live) for Christmas.

My husband overstayed his visa by 5 years prior to returning to the UK and has been given a 10 year ban. WE have applied for 2 non-immigrant Visas from the UK (where we live now) since - one last Nov & one in 2006 - both applications were denied. I tried to set up an appointment to apply for a new non-immigrant visa for this year - as we have a dual citizen son & I finally have my UK indefinate leave to remain visa - but have been told we can no longer do this until 2015.

Where do I go from here? Can I submit a waiver to the embassy off the back off the non-immigrant apps denied - or do I need to submit the I 301 (even though we have no intention of moving back to the USA at the moment) and submit a waiver once asked for?

Any advice on this would be most welcome-

Thanks

You will have to obtain a waiver for the overstay first, prior to trying to get any visa. Get that approved, then proceed.

[spacemango 0]

Hey All-

I am a US citizen living abroad and would like to go home with my (whole) family to visit (not to live) for Christmas.

My husband overstayed his visa by 5 years prior to returning to the UK and has been given a 10 year ban. WE have applied for 2 non-immigrant Visas from the UK (where we live now) since - one last Nov & one in 2006 - both applications were denied. I tried to set up an appointment to apply for a new non-immigrant visa for this year - as we have a dual citizen son & I finally have my UK indefinate leave to remain visa - but have been told we can no longer do this until 2015.

Where do I go from here? Can I submit a waiver to the embassy off the back off the non-immigrant apps denied - or do I need to submit the I 301 (even though we have no intention of moving back to the USA at the moment) and submit a waiver once asked for?

Any advice on this would be most welcome-

Thanks

You will have to obtain a waiver for the overstay first, prior to trying to get any visa. Get that approved, then proceed.

SO do I simply submit the waiver to the embassy then? And would I be submitting the i601 or i212?

Thanks again

[brykit 0]

Usually to apply for a waiver you must first apply for the visa and then you will be told if you can apply for a waiver. You may find www.immigrate2us.net more helpful because more members there are more knowledgeable and advice will be more helpful.

[emt103c 10]

Why does this seem familiar? Did you already post it on I2US? There is a section there labeled I-212. Go there and look at the stickies on d3 waivers. . .there are several. Basically you will have to apply for a visit visa and then request a d3 waiver. It may be difficult to get approved because of the circumstances (mostly being married to a USC. . .and a history of overstay. . .) but it is possible.

An attorney in New York (Dan Green) is supposed to specialize in these waivers. . .