Visa Application In Process - but is waiver needed?

[Nica_In_Love 98]

Hi guys! I just joined the web site, my name is Liz and I'm the principal applicant. My husband is a USC and he's petitioning me. We already got our NVC Case # and things are going well (just paid AOS). However I just can't stop thinking about what happened years back and I am very scared that this will delay or even mess up our whole application.

I am 23 years old, but when I was 13 years of age my parents sent me to the USA on a Tourist Visa to my uncle's house. I stayed for 2 years, that means I was "unlawfully present" (of course I had no knowledge of what was going on, I didn't understand back then, and if you're wondering why they sent me, well my dad went bankrupt and my uncle offered to take care of me). I did try to apply for a Tourist Visa 1 year ago and of course it got denied based on the fact that I had overstayed the previous one. The consul I spoke to, sarcastically said to me "You can marry your boyfriend and move to the States". We got married not because that cold consul said it, but because we fell more and more in love, until the day he proposed to me. However my fear is that my immigrant visa gets denied for something that happened when I was underage. Has anyone had anything similar? I spoke to a lawyer who said didn't think there would be any problems. Please give me some advice! I know there are waivers for this (at $545 charge) but please help!

[canadian_wife 1,829]

Unlawful presence only begins counting towards a waiver after the age of 18. Since, I assume by your timeline, you left at the age of 15 after spending 2 years in the US, you have accumulated no unlawful time for the purposes of a waiver.

Laurel Scott offers free immigration chats on wednesday and she specializes in inadmissability if you want clarificaiton

Good luck

[Nica_In_Love 98]

Thank you for your response Canadian_wife!

Phew you just put a smile on my face!

[canadian_wife 1,829]

I'm not a lawyer or a Consular Officer so I can't tell you for sure but:

http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF

Pg 6

good luck

[Nica_In_Love 98]

I know, but thanks for the ease of mind. I had done a little research after reading your response and found the same thing:

http://www.borderimmigrationlawyer.com/home/2009/12/14/question-submitted-unlawful-presence-and-nonimmigrant-waiver.html

I guess I will let you know what happens later on!

THANK YOU!!

[Jada Lvs Yader 0]

I know, but thanks for the ease of mind. I had done a little research after reading your response and found the same thing:

http://www.borderimmigrationlawyer.com/home/2009/12/14/question-submitted-unlawful-presence-and-nonimmigrant-waiver.html

I guess I will let you know what happens later on!

THANK YOU!!

Good luck to you both. I dont have much to offer you in the way of advice on this topic, but I did happen to notice that your interview is a day before my husbands interview. I am the USC and he is the applicant. I will be praying for you guys and hopefully al four of us will have big smiles on our faces and the opportunity to finally be together with out loved ones. Mucha suerte hermanita. Take care and keep us posted.

Hopelessly in love with my Pinolero,

Jadalee