Visa denied at interview due to overstay in USA

[spookyturtle 9,465]

Some consulates are enforcing the rule that if you miss a deportation proceeding (skip your court date as he did) you are not eligible for a waiver for five years. I'm pretty sure what has happened here.

It sure sounds like that, but she said he was banned for 3 years. That doesn't sound right.

His "ban clock" started ticking when he left the US.

The ban clock always starts ticking upon departure from the US. The OP said he was banned for 3 years, which makes sense for an overstay. The ban emt refers to is for 5 years and is non waivable. I don't think there is a non waivable three year ban, and certainly not for an overstay. We need more information to know exactly what is going on here.

[D&R 0]

I'm a US citizen, and have applied for my husband to come back to the USA, he illegally enter the US in 2000, was arrested and later released with a bond never showed up to the court. Then in 2002 We met and got married. He left the US before I applied for him to come back.He had his interview in Rio De Janeiro and was denied the visa because he overstayed under section 212 BUT they also say they will not accept an Waiver I-601 ? Has anyone had any problems simular to this ? My lawyer has evrything ready to be submited but they will not accept it ! PLEASE HELP

What was he arrested for.... being there illegally? or something else? I'm pretty sure if it was something else then that would go against him too

[VanessaTony 3,567]

I'm a US citizen, and have applied for my husband to come back to the USA, he illegally enter the US in 2000, was arrested and later released with a bond never showed up to the court. Then in 2002 We met and got married. He left the US before I applied for him to come back.He had his interview in Rio De Janeiro and was denied the visa because he overstayed under section 212 BUT they also say they will not accept an Waiver I-601 ? Has anyone had any problems simular to this ? My lawyer has evrything ready to be submited but they will not accept it ! PLEASE HELP

On the paper that they gave him at the interview they gave him a bar of 3 years ?They said in August of 2012 he would be able to aply for a visa again.

I just don't get it so does it mean that anyone who overstay here will never be able to come ???

The "3 year ban" sounds like a 3 year ban to apply for the visa... not an entry into the states. Perhaps this ban was enacted because there was a lie on the form? Like maybe he didn't select "visa has been denied" or something like that and his ban is for lying? Again without more info this is only guessing, I'm not meaning to be offensive, that's just what I think based on the limited information.

Anyone who's overstayed does become subject to a ban, over 180 days but under a year is 3 years, and over a year is 10 year ban. I know you can get a waiver for special circumstances (as mentioned by several people) but there definitely seems to be more to this case than is already written.

I wish you luck, I hope you're getting more and better news.

[spookyturtle 9,465]

I'm a US citizen, and have applied for my husband to come back to the USA, he illegally enter the US in 2000, was arrested and later released with a bond never showed up to the court. Then in 2002 We met and got married. He left the US before I applied for him to come back.He had his interview in Rio De Janeiro and was denied the visa because he overstayed under section 212 BUT they also say they will not accept an Waiver I-601 ? Has anyone had any problems simular to this ? My lawyer has evrything ready to be submited but they will not accept it ! PLEASE HELP

On the paper that they gave him at the interview they gave him a bar of 3 years ?They said in August of 2012 he would be able to aply for a visa again.

I just don't get it so does it mean that anyone who overstay here will never be able to come ???

The "3 year ban" sounds like a 3 year ban to apply for the visa... not an entry into the states. Perhaps this ban was enacted because there was a lie on the form? Like maybe he didn't select "visa has been denied" or something like that and his ban is for lying? Again without more info this is only guessing, I'm not meaning to be offensive, that's just what I think based on the limited information.

Anyone who's overstayed does become subject to a ban, over 180 days but under a year is 3 years, and over a year is 10 year ban. I know you can get a waiver for special circumstances (as mentioned by several people) but there definitely seems to be more to this case than is already written.

I wish you luck, I hope you're getting more and better news.

Many forms of misrepresenation can be overcome with a waiver. There has to be a specific reason and section of the law applied by the consulate, if we knew this, it would be much easier to give advice.

[baron555 934]

On the paper that they gave him at the interview they gave him a bar of 3 years ?They said in August of 2012 he would be able to aply for a visa again.

I just don't get it so does it mean that anyone who overstay here will never be able to come ???

No he just has to wait until August of 2012 to petition again. Very simple. He screwed up before and has to pay the penalty. No problem. I know you know about this and are willing to wait. Just have to follow the rules.

[anitacastillo 0]

On the paper that they gave him at the interview they gave him a bar of 3 years ?They said in August of 2012 he would be able to aply for a visa again.

I just don't get it so does it mean that anyone who overstay here will never be able to come ???

From your original post, he is not an overstay -- he was here illegally. An overstay, as I understand, is when someone enters legally and does not return upon visa expiration.

Please don't get pregnant.

[spookyturtle 9,465]

On the paper that they gave him at the interview they gave him a bar of 3 years ?They said in August of 2012 he would be able to aply for a visa again.

I just don't get it so does it mean that anyone who overstay here will never be able to come ???

From your original post, he is not an overstay -- he was here illegally. An overstay, as I understand, is when someone enters legally and does not return upon visa expiration.

Please don't get pregnant.

Keep your smartass comments to off topic. This forum is to actually help people.

[Azzudiin 26]

If he failed to show up for a court appearance, he most likely has a bench warrant for him also, so you may want to have lawyer look into the whole previous court thing before refiling in 2012. If you dont then you will most likely just hit another brick wall then.

[Minya's wife 24]

I'm a US citizen, and have applied for my husband to come back to the USA, he illegally enter the US in 2000, was arrested and later released with a bond never showed up to the court. Then in 2002 We met and got married. He left the US before I applied for him to come back.He had his interview in Rio De Janeiro and was denied the visa because he overstayed under section 212 BUT they also say they will not accept an Waiver I-601 ? Has anyone had any problems simular to this ? My lawyer has evrything ready to be submited but they will not accept it ! PLEASE HELP

I don't think this is an overstay ban. It looks like he entered without inspection, for which the ban is not waiverable, I believe.

I'm sorry, but if the consulate did not allow the waiver, you will have to wait out the ban and re-apply when he's eligible.

Good luck.

[spookyturtle 9,465]

I'm a US citizen, and have applied for my husband to come back to the USA, he illegally enter the US in 2000, was arrested and later released with a bond never showed up to the court. Then in 2002 We met and got married. He left the US before I applied for him to come back.He had his interview in Rio De Janeiro and was denied the visa because he overstayed under section 212 BUT they also say they will not accept an Waiver I-601 ? Has anyone had any problems simular to this ? My lawyer has evrything ready to be submited but they will not accept it ! PLEASE HELP

I don't think this is an overstay ban. It looks like he entered without inspection, for which the ban is not waiverable, I believe.

I'm sorry, but if the consulate did not allow the waiver, you will have to wait out the ban and re-apply when he's eligible.

Good luck.

Depeneding on the number of illegal entries and time spent here illegally, the offense is waivable. There is still missing info here.

[jpaula 20]

I'm a US citizen, and have applied for my husband to come back to the USA, he illegally enter the US in 2000, was arrested and later released with a bond never showed up to the court. Then in 2002 We met and got married. He left the US before I applied for him to come back.He had his interview in Rio De Janeiro and was denied the visa because he overstayed under section 212 BUT they also say they will not accept an Waiver I-601 ? Has anyone had any problems simular to this ? My lawyer has evrything ready to be submited but they will not accept it ! PLEASE HELP

I don't think this is an overstay ban. It looks like he entered without inspection, for which the ban is not waiverable, I believe.

I'm sorry, but if the consulate did not allow the waiver, you will have to wait out the ban and re-apply when he's eligible.

Good luck.

Technically, there is no ban for entering without inspection, only for the illegal presence accrued once in the country.

The legal consequence if an EWI is that one cannot, even if married to a USC, adjust status from the US, but must go back to their home country to do so and that this departure almost always triggers the illegal presence bar.

[Jamaican JNR 2]

I'm a US citizen, and have applied for my husband to come back to the USA, he illegally enter the US in 2000, was arrested and later released with a bond never showed up to the court. Then in 2002 We met and got married. He left the US before I applied for him to come back.He had his interview in Rio De Janeiro and was denied the visa because he overstayed under section 212 BUT they also say they will not accept an Waiver I-601 ? Has anyone had any problems simular to this ? My lawyer has evrything ready to be submited but they will not accept it ! PLEASE HELP

Your lawyer didn't inform you correctly. Since your hubby overstayed, he should have stayed in the US to start and finish up his filing. Now he might have a mandatory 5 - 10 years bar from entering the US.

[Boiler 44,874]

I'm a US citizen, and have applied for my husband to come back to the USA, he illegally enter the US in 2000, was arrested and later released with a bond never showed up to the court. Then in 2002 We met and got married. He left the US before I applied for him to come back.He had his interview in Rio De Janeiro and was denied the visa because he overstayed under section 212 BUT they also say they will not accept an Waiver I-601 ? Has anyone had any problems simular to this ? My lawyer has evrything ready to be submited but they will not accept it ! PLEASE HELP

Your lawyer didn't inform you correctly. Since your hubby overstayed, he should have stayed in the US to start and finish up his filing. Now he might have a mandatory 5 - 10 years bar from entering the US.

Read again.

[desert_fox 32]

He chose to ignore the laws of the US.

He also promised he would show up at a removal hearing and chose to stiff the person/agenecy who posted the bond, and not show up.

He could have never adjusted his status within the US as he entered illegally, and did not benefit from the LIFE act.

What is your question??

[jpaula 20]

The question was why Rio would not let him file a waiver. Pretty valid question, actually, as many people file waivers for illegal presence every day. I think the answer, as pointed out in this thread, is that some Consulates, Rio among them, will not let you file a waiver if you have skipped an immigration hearing. Good information to know and to share if anyone else is in a similar situation and will be going through one of the Consulates with this policy.

To the OP...Have you contacted a Congressman? It may be that you are stuck with the policy of the Consulate you go through, but it seems logical to me that if this is being applied capriciously or at some Consulates and not others, you may be able to get a Congress person to help force the Consulate to take the waiver. The waiver goes to DHS after all, not to State.