MEXICO - CDJ - WAIVER

[RinoGattuso 0]

Helly VJ people, i have a question regarding the I-601 Waiver Form.

We are currently on the K1 visa process.

Does somebody know if I need to file an I-601 Waiver form for an overstay of 51 days?

That overstay occured approximately a year ago (January 2010). I was in the US on a tourist B2 visa and my I-94 form expired, i left the US 51 days after it expired (I didnt surrender the form).

After that overstay, I went back to the US like 7 times without a problem at the Port of Entry and in 2 occasions I was granted new I-94 forms ( this time i surrender both of them when leaving ).

Ive been reading on the I-601 Instructions form that K visa applicants should file a Waiver if they overstayed for more than 180 days or more than a year, they dont mention anything bout filing a waiver for less than 180 days but I still want to make sure about that.

Any advice/experiences are appreciated.

[YuAndDan 153]

No, a 3 year bar comes into place only if overstays exceed 180 days, and 10 years if exceeds 365 days. Note overstays accumulate, overstay 51 days, then overstay 130 days a second time will result in a bar because that exceeds 180 days.

(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.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

[RinoGattuso 0]

No, a 3 year bar comes into place only if overstays exceed 180 days, and 10 years if exceeds 365 days. Note overstays accumulate, overstay 51 days, then overstay 130 days a second time will result in a bar because that exceeds 180 days.

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

Thanks for your answer YuAndDan,

I guess that in form DS-156 - Question 38 - bullet #4 : Have you ever violated the terms of a US visa, or been unlawfully present in, or deported from, the United States? ... The answer is still yes in my case even though i overstayed less than 180 days right?

Regards

[YuAndDan 153]

Thanks for your answer YuAndDan,

I guess that in form DS-156 - Question 38 - bullet #4 : Have you ever violated the terms of a US visa, or been unlawfully present in, or deported from, the United States? ... The answer is still yes in my case even though i overstayed less than 180 days right?

Regards

Yes.