I-601 being requested for 4 days overstay?

[Phil&Ley 2]

I have joined the I-601 club, as I have recived a letter from the Embassy stating that:

The applicant was interviewed by a consular officer on February 9, 2011, and was refused under Section 212(a)(9)(B)(i)(I) of the Immigration and Nationality Act (INA). This section of the law prohibits the issuance of a visa to any alien who 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 and again seeks admission within 3 years of the date of such alien's departure or removal from the United States.

Then in the very next paragraph: accrued four (4) days of unlawful presence in the United States

So my Fiancee accrued 4 days of overstay, and clearly the Embassy acknowledges this, but states this is in violation of the 3 year ban, and I need to file a I-601???

I have searched the forums, but have been unable to find a case quite like mine. Does anyone know or have experience where this has been the case? Thanks for any help fellow VJers.

[Sergi9 110]

I have joined the I-601 club, as I have recived a letter from the Embassy stating that:

The applicant was interviewed by a consular officer on February 9, 2011, and was refused under Section 212(a)(9)(B)(i)(I) of the Immigration and Nationality Act (INA). This section of the law prohibits the issuance of a visa to any alien who 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 and again seeks admission within 3 years of the date of such alien's departure or removal from the United States.

Then in the very next paragraph: accrued four (4) days of unlawful presence in the United States

So my Fiancee accrued 4 days of overstay, and clearly the Embassy acknowledges this, but states this is in violation of the 3 year ban, and I need to file a I-601???

I have searched the forums, but have been unable to find a case quite like mine. Does anyone know or have experience where this has been the case? Thanks for any help fellow VJers.

While it is not uncommon for the Embassy to error in these decisions this one seems so obvious an error one has to wonder if they simply used the WRONG CODE for another inadmissability.

While you might not find a case that is EXACTLY like this, the common element is that they take a very long time to "fix".

What type of VISA was your fiance on? What other possible inadmissability was there? Ie; did your fiance work while in the US and violate status?

You can immediately file now, and if this is an error while it may hold you up for as long as it takes to adjudicate the I601 in your fiances country, it gets the wheels moving while you approach it from other angles.

You can contact congressional office

You can contact the most senior consulate officer in the fiances country and ask for another look

You can contact the Ombudsman or DOS Inspector General.

Also try to email the USCIS offce in the country that would adjudicate and see what they say.

*If there is another inadmissability you should seek legal help or might want to start with that.

[Darnell 8,478]

what was the exact number of days that she is out of status? ie

what span from 'visa expiring' to 'left the country' ??

[Phil&Ley 2]

I should have clarified a few things.

I met my fiancee here in the U.S. while she was on a visitors visa (B1/B2). She was staying with her sister, long story short, that is how I met her. She overstayed her visitors visa extension by 4 days.

Now I have begun the Senator/Congressman approach, contacted an immigration lawyer I know, and he agrees this does not make sense based on the letter, and he knows the details of our case as well, and this would be the only thing that would be questionable.

We had documented relationship for 6 months before she left US, no criminal record, meet all the requirements times 2.

In fact, in her interview she disclosed the fact she overstayed her visa, and the consular officer approved her visa anyways, no white slip or anything. But, 4 days later she got a call saying our case was in additional review. Then I get an email on the 25th, saying that she has been refused based on the overstay and cited the violation of the law.

I can only speculate someone was asleep at the keyboard, and hit a button by accident while our case was up........

Thanks for the advice, I am certainly going to approach this from every angle possible. Even if I have to hold up a big sign in front of the White House that says, "Bring my baby home!!".

Edited February 26, 2011 by Phil&Ley

[love100 0]

I don't understand why they asked you for a waiver if she didnt pass the 180 days

I am scared now because I overstayed for 1 day!!and I thought it wasn't going to be a big deal since i didnt overstay more than 180 days!! And 1 as 4 days are nothing!!

This is what i read in the I-160 instructions: I really dont understand why u have to submit a waiver if your case doesnt apply to the 3 year bar

"T nonimmigrant visa status holders seeking exemption from only INA section 212(a)(9)(b)do not need to file this form.

If you are inadmissible because you have been unlawfully present in the United States in excess of either 180 days (3 years-bar)or one year (10 days-bar) you may seek to a waiver by filing this from"

[Darnell 8,478]

the regs are a bit different on a visa extension.

suggest you email the IV unit in PI, inquire about 'computation of overstay days'

as

it's smelling like someone at the IV unit DID NOT compute using the visa extension.

[Boiler 45,488]

Did you submit evidence of the visa extension?

[Used to be broken 147]

Darnell and Boiler have excellent points. Was the VISA extension approved or denied? If it was denied, then Fiance was out of status from the original VISA expiration date unfortunately. Was an NTA (notice to appear) ever issued?

If this is a situation where days were not computed properly , then you have to stay on top of them to get this looked at again,.

Good luck and keep us posted.

[Phil&Ley 2]

I called the Embassy. They inform me as of the 28th, my fiancee visa has been approved. Apparently, they sent me that email in mistake, and before they had properly reviewed the visa extension papers.

Small sigh of relief, but I am still paranoid, so much ####### over the past 9 months for me to believe it is finally over.

[TBoneTX 45,287]

I called the Embassy. They inform me as of the 28th, my fiancee visa has been approved.

Congratulations, si man!

[Darnell 8,478]

whew. Done.

Done is good !

Congratulations !

[Phil&Ley 2]

Well, I followed up, and apparently the person I talked to is a complete idiot. I spoke with the consulate officer, and apparently DHS/USCIS does have my fiancee flagged. I will disclose as much information as I can in the future, in hopes it helps someone.

[Darnell 8,478]

just for follow up -

call DoS Hotline (# in my profile, click the girls, read left panel)

and

inquire for case status - ask if casefile was put in AP or was denied or exactly WHAT.

THEN - ask for the IV email address there in PI whilst on the phone -

explain to the DoS Hotline Human that you're pretty certain the IV unit did not see the visa extension, and are doing the math wrong.

Good Luck !

[Phil&Ley 2]

The error has been corrected. Thank You GOD, I may now finally rest, the nightmare has ended.

[carolynhotstuff 252]

Congratulations and may God bless your life together!