Do I need a waver?

[Billy&Fabiana 0]

Has any one that applied for a CR1 with a overtay problem pass the interview in any oversea consulate without a need for a waver?

[Penguin_ie 5,994]

Depends on how long the overstay was. If 180+ days, a waiver is required, no way around it.

[Beth/ Paris Heart 2]

Has any one that applied for a CR1 with a overtay problem pass the interview in any oversea consulate without a need for a waver?

Were you court removed, deportation hearing? or did you simply leave on oyur own?? the way you left makes a big difference with USCIS.

Edited July 24, 2009 by Paris Heart

[Billy&Fabiana 0]

returned to brasil by my own choice, never questioned by uscis or any other agency. have been back in brasil for 2.5 years now.

interview with the us consulate in rio de janeiro monday august 3,2009 @7:45 am. yipee.

thanks for all you help

[canadian_wife 1,822]

How long was the overstay?

[Billy&Fabiana 0]

5 years.

[Chica Yeyé 41]

You absolutely do:

The Ten Year Bar: Persons who remain in the U.S. after their authorized stay has expired for more than one year, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for ten years from their date of departure.

[canadian_wife 1,822]

You will certainly need a waiver. I suggest having it prepared before the interview as some consulates let you file the waiver the same day as the denial.

Good luck.