221G requre more documents

[me&him 2]

Hello Guys. Iam hoping that someone can help and and maybe calm me down by explaining me about this process. So my fiance had his interview at dhaka embassy. Everything went ok but he was issues a 221g to submitt more documents. Little background is that my fiance had overstay his usa visa back in 2006. he left usa voluntarily. well since he stayed his visa more than 6 months but less than a one year, there is a 3 years ban. well the ban was over september 2010. The CO said that his fingerprint shows a possible ban but cant tell for wat and for how long. So he basicaly want us to submit documnet showing his overstay. He ask us to submit proof that his overstay was less than a year and that it was a 3 year ban, which is over so they can issue him the visa. I contacted the lawyer that we hired at that time and he has all the paperworks. The paperwork showing dates and everything of his overstay,disposition and ban. So thats the 1st relief. i will send all the documents to him and he was advised to submit the documents along with his passport. Now my question is does anyone know what happens now? anyone in similar situation now or in the past. What are the chances of approval? how long do you think it will take after the documents are submitted to get his visa. Just FYI, the Co was satisfied with everything, he just wanted to confirm the ban and that it was lifted since he said he could not look up that info in his computer. iam hoping to get appove fast once the documents are submitted. Please any comments or suggestion wil be geatly appreciated. Iam devestated to have to wait some more but im also happy because Co did not deny my fiance and gave him opportunity to submit more papers. Any hlp will be apprecated. Thank You

[grrrrreat 109]

Hello Guys. Iam hoping that someone can help and and maybe calm me down by explaining me about this process. So my fiance had his interview at dhaka embassy. Everything went ok but he was issues a 221g to submitt more documents. Little background is that my fiance had overstay his usa visa back in 2006. he left usa voluntarily. well since he stayed his visa more than 6 months but less than a one year, there is a 3 years ban. well the ban was over september 2010. The CO said that his fingerprint shows a possible ban but cant tell for wat and for how long. So he basicaly want us to submit documnet showing his overstay. He ask us to submit proof that his overstay was less than a year and that it was a 3 year ban, which is over so they can issue him the visa. I contacted the lawyer that we hired at that time and he has all the paperworks. The paperwork showing dates and everything of his overstay,disposition and ban. So thats the 1st relief. i will send all the documents to him and he was advised to submit the documents along with his passport. Now my question is does anyone know what happens now? anyone in similar situation now or in the past. What are the chances of approval? how long do you think it will take after the documents are submitted to get his visa. Just FYI, the Co was satisfied with everything, he just wanted to confirm the ban and that it was lifted since he said he could not look up that info in his computer. iam hoping to get appove fast once the documents are submitted. Please any comments or suggestion wil be geatly appreciated. Iam devestated to have to wait some more but im also happy because Co did not deny my fiance and gave him opportunity to submit more papers. Any hlp will be apprecated. Thank You

It sounds like if the CO is satisfied with everything else, but just wants to be sure that the ban was a three year ban and not a ten year ban. It is a three year ban if the overstay was more than 180 days and less than a year. You just need to be absolutely sure that the evidence shows that your fiancé did not overstay more than a year. This should probably include: (1) evidence that he entered on a specific date, and (2) evidence that he left on a specific date, and (3) a document showing what the authorized stay was. Calculate the total time your fiancé was in the U.S. and deduct the authorized stay, and that's the overstay. Because the CO requested the passport with the paperwork, I suspect that as long as you can adequately prove this you'll be getting an approval, but no one can tell for certain.

[me&him 2]

It sounds like if the CO is satisfied with everything else, but just wants to be sure that the ban was a three year ban and not a ten year ban. It is a three year ban if the overstay was more than 180 days and less than a year. You just need to be absolutely sure that the evidence shows that your fiancé did not overstay more than a year. This should probably include: (1) evidence that he entered on a specific date, and (2) evidence that he left on a specific date, and (3) a document showing what the authorized stay was. Calculate the total time your fiancé was in the U.S. and deduct the authorized stay, and that's the overstay. Because the CO requested the passport with the paperwork, I suspect that as long as you can adequately prove this you'll be getting an approval, but no one can tell for certain.

Thank you for ur reply. He was ordered voluntary departure on 11/2006 and left 09/07. we have the paperwork from the immigration judge that shows when he was found out of status. so he is only unlawfull present from the time judge found him out of status till he left which is 10 month so it was a 3 year ban. I spoke to the lawyer that handle the case at that time and he advised us that overstay does not matter its the unlawfull presence that triggers a ban. so with that say he can overstay his visa and not accure unlawfull presence. He can only accure unlawfull presence from the time that judge found him to be out of status till he leave which in his case is 10 months. The lawyers has all the paperwork showing the judge ruling and when he left so he will give me all the paperwork along with a letter written to embassy explaing unlawfull presence in my fiance case. i hope thats is enough and they can issue the visa soon.

[grrrrreat 109]

Thank you for ur reply. He was ordered voluntary departure on 11/2006 and left 09/07. we have the paperwork from the immigration judge that shows when he was found out of status. so he is only unlawfull present from the time judge found him out of status till he left which is 10 month so it was a 3 year ban. I spoke to the lawyer that handle the case at that time and he advised us that overstay does not matter its the unlawfull presence that triggers a ban. so with that say he can overstay his visa and not accure unlawfull presence. He can only accure unlawfull presence from the time that judge found him to be out of status till he leave which in his case is 10 months. The lawyers has all the paperwork showing the judge ruling and when he left so he will give me all the paperwork along with a letter written to embassy explaing unlawfull presence in my fiance case. i hope thats is enough and they can issue the visa soon.

You said he overstayed his visa, but it sounds like there is something more complicated going on. Do you know (1) what kind of visa he was on, (2) how he came to be involved in the removal proceedings, and (3) what duration of stay he was granted when he entered. For instance, if he was on a student visa but wasn't a student, then you are right that his unlawful presence didn't accrue until he was ordered to depart by the IJ.

In any case, if your lawyer says he has only a three year bar and the judge's order says that, the CO will likely agree.

Edited April 21, 2012 by grrrrreat

[me&him 2]

Yes he was on a student visa and did not attend school after some time. His school reported him and thats how he got involve with removal proceedings. IJ found him out of status and suggested voluntary departure which he agreed. So the unlawful presence time will only be accured fom the time judge granted voluntary departure till he left which is 10 months. The lawyer got the paperwork stating the same. So hoping it wont take long for then to approve after reviewing the documents since that was the only problem. Can u also tell me if the same CO looks at the sumbitted documents or a different one.

[grrrrreat 109]

Yes he was on a student visa and did not attend school after some time. His school reported him and thats how he got involve with removal proceedings. IJ found him out of status and suggested voluntary departure which he agreed. So the unlawful presence time will only be accured fom the time judge granted voluntary departure till he left which is 10 months. The lawyer got the paperwork stating the same. So hoping it wont take long for then to approve after reviewing the documents since that was the only problem. Can u also tell me if the same CO looks at the sumbitted documents or a different one.

Sorry I don't know the answer to the last question. I expect it would be the same CO if the CO is available, but there's a chance someone else might look at it in addition or instead of them. I understand your situation now, it wasn't an overstay situation it was an out-of-status. In any case, it sounds like you know what the evidence you submitted shows and you should be able to explain it to the CO if necessary.

[me&him 2]

Thank u. Yes the lawyer got all the paperwork thank god. So I will get it from him and mail it to my fiance he will submit it to the embasst along with his passport as he was intructed. Lets hope they dont take long to review the documents and issue him the visa fast. It will be a year soon since we started the process.