Check what I found on USCIS websit

[nikii 0]

I just found some informations on USCIS web, Need some help.

I posted before I overstay 14 days in US, people told me I dont have to apply for a waiver but this is what I found on USCIS

Check this out

(1) Waiver of the 3-Year Bar or the 10-Year Bar under Section 212(a)(9)(B)(i) of the Act

(B) Immigrants and Adjustment of Status Applicants Who Are the Spouses,Sons, or Daughters of U.S. Citizens or LPRs, and Fiancé(e)s of U.S. Citizens

DHS has discretion to waive an alien’s inadmissibility under section 212(a)(9)(B) of the Act if the alien is applying for an immigrant visa or adjustment of status and the alien is the spouse, son, or daughter of a U.S. citizen or LPR, or the fiancé(e) of a U.S. citizen (in relation to a K-1/K-2 visa).

here is what I found out about section 212(a)(9)(B) :

(B) 13/ 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.

I know I dont have 3 or 10 years bar but what about (ii)?

Am I construction of unlawful presence? if so That means I have to file a waiver?????

Need help!!!!!!!

Edited November 3, 2011 by nikii

[Done--Really 331]

Doesn't apply at all, assuming you entered on a legal visa...everything is cool.

[Navyk 78]

(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

Please see the highlighted, underlined and colored RED portion of the section 212.

[VanessaTony 3,567]

I just found some informations on USCIS web, Need some help.

I posted before I overstay 14 days in US, people told me I dont have to apply for a waiver but this is what I found on USCIS

<snip>

I know I dont have 3 or 10 years bar but what about (ii)?

Am I construction of unlawful presence? if so That means I have to file a waiver?????

Need help!!!!!!!

You have stated that you already asked. You have stated people already TOLD you you don't need a waiver yet you're asking again because you obviously don't believe us... which seeing the people here gave you the previous advice you're probably going to ignore this as well...

NO YOU DO NOT NEED A WAIVER!!

[nikii 0]

God.calm down Vanessa&Tony

I was just worried about the Iterm (ii), thats all its not bcs I dont believe you guys I just want to make sure. since me and my husband went through alot already we dont want to make any mistakes.,

Thank you for your reply dont get mad ,

Doesn't apply at all, assuming you entered on a legal visa...everything is cool.

Thanks !

and thank you for quick replying please tell me you are not mad at me too

(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

Please see the highlighted, underlined and colored RED portion of the section 212.

Ok, thank you as well. Now I can sleep well...

[nikii 0]

oops dont know why all my replies added up together.

anyway

sorry for asking over and over again

you guys helped a lot

thank you everybody!

Edited November 3, 2011 by nikii

[Done--Really 331]

Kisses !!!!

[Darnell 8,478]

you should pay attention to the 180 day marker.

re read it, several times, keeping the 180 day marker in mind.

Please? xie xie ni !