Waiver or not??

[ST4LKER 0]

Hi, all!

It's a very tricky question and I need your opinion about it...

Have overstayed seamens visa for 5 years, went back to my country and applied for B2 visa and it was granted. Came back to US and met me wife, got married and now about to apply for AOS. Have spoken to 2 different lawyers about my case and they both told me that I need to get a waiver for my previous visa overstay. Now, I wonder what should I do and if the lawyers are trying to make some extra money. The price for that waiver needed would be around $3000. It's huge amount, I know. Another thing, am I gonna have some problems presenting that waiver to IO that proves my overstay while having an interview??? And one more thing, is it possible to file for the waiver after the interview in a case the IO will require it?!?

Thank you all for your help!

[Boiler 45,584]

If you had served your ban or received a waiver for the ban then there should be no issue.

[ST4LKER 0]

If you had served your ban or received a waiver for the ban then there should be no issue.

Answer to both is NO. Also another thing came to my mind, wonder if there is a way to somehow check my immigration status (ban or not)??? Both of the lawyers have told me I need to get a waiver for my previous overstay...just trying to save some $$$ if the waiver is not needed.... BTW where would I receive the ban???

[Boiler 45,584]

On leaving the US after an oversty of a year you have 10 year ban. How did you get the B2 if the ban was current?

[aaron2020 11,651]

On leaving the US after an oversty of a year you have 10 year ban. How did you get the B2 if the ban was current?

The US Embassy may have simply not discovered that he overstayed.

[aaron2020 11,651]

Hi, all!

It's a very tricky question and I need your opinion about it...

Have overstayed seamens visa for 5 years, went back to my country and applied for B2 visa and it was granted. Came back to US and met me wife, got married and now about to apply for AOS. Have spoken to 2 different lawyers about my case and they both told me that I need to get a waiver for my previous visa overstay. Now, I wonder what should I do and if the lawyers are trying to make some extra money. The price for that waiver needed would be around $3000. It's huge amount, I know. Another thing, am I gonna have some problems presenting that waiver to IO that proves my overstay while having an interview??? And one more thing, is it possible to file for the waiver after the interview in a case the IO will require it?!?

Thank you all for your help!

When did you leave the US? Did you stay outside the US for more than 10 years before returning to the US?

[ST4LKER 0]

On leaving the US after an oversty of a year you have 10 year ban. How did you get the B2 if the ban was current?

Simply by applying for B2 visa in US embassy and it was granted. Not sure about the ban, would like to investigate it myself (or lawyer) and do the waiver (if needed)...

[ST4LKER 0]

When did you leave the US? Did you stay outside the US for more than 10 years before returning to the US?

Left US in 2009 and applied for B2 in 2010.

[jdh 103]

Here is a monkey wrench to throw in...

Now, I dont know what or how a seaman's visa works, so forgive me if I am asking something that should be obvious

My question: How would they know you have overstayed? Did you go through some sort of US customs thing on your way back to your country, or have to hand the, back the visa?

They may have granted your new visa because they have no idea you overstayed in the first place.

So...the real question is, is there somewhere on the forms (and I don't personally remember) where it asks if you have ever overstayed?

If there is no way for them to have recorded your overstay, and you don't have to disclose that on any of the forms (and again, I don't remember), than you may be fine...

[ST4LKER 0]

Here is a monkey wrench to throw in...

Now, I dont know what or how a seaman's visa works, so forgive me if I am asking something that should be obvious

My question: How would they know you have overstayed? Did you go through some sort of US customs thing on your way back to your country, or have to hand the, back the visa?

They may have granted your new visa because they have no idea you overstayed in the first place.

So...the real question is, is there somewhere on the forms (and I don't personally remember) where it asks if you have ever overstayed?

If there is no way for them to have recorded your overstay, and you don't have to disclose that on any of the forms (and again, I don't remember), than you may be fine...

Well, when I was leaving haven't been asked to give my I-94. Still have it on me. Will need to check if "overstay" question is asked somewhere in the forms...Any other opinions please ???

[jdh 103]

Well, when I was leaving haven't been asked to give my I-94. Still have it on me. Will need to check if "overstay" question is asked somewhere in the forms...Any other opinions please ???

I believe you are supposed to turn in I-94's on departure...that is likely where this issue is stemming from. They don't know when you left.

[Harpa Timsah 13,258]

Jdh - You can't hope on hope that the US gov. doesn't know you overstayed. Think of illegal aliens who eventually leave. They need to admit that they were here illegally. They can't just "hope" that the US gov doesn't know they were ever here because they snuck in and snuck out. To do so is material misrepresentation and will result in a ban for life, with no available waiver.

Op - I also think you will be asked to submit a waiver. You won't know for sure until you have your interview though. Maybe you can hire the lawyer then, when you are sure you need it. I wouldn't submit the waiver in advance.

[jdh 103]

Indeed, Harpa...

I wasn't implying to hope upon hope...just an explanation as to why he would have been issued this new visa with no issues. It seems to me the only explanation to that would be that they don't have record of an overstay.

It is an interesting situation and I have no idea how it will work out...Harpa is a good source of info on a regular basis, so I would anticipate the possibility of being asked for a waiver.

I am never a fan of volunteering information that is not requested, however, so if it does not come up I see no reason to divulge.

[Boiler 45,584]

My guess is that he lied on his application for a B2.

[grrrrreat 109]

Here is a monkey wrench to throw in...

Now, I dont know what or how a seaman's visa works, so forgive me if I am asking something that should be obvious

My question: How would they know you have overstayed? Did you go through some sort of US customs thing on your way back to your country, or have to hand the, back the visa?

They may have granted your new visa because they have no idea you overstayed in the first place.

So...the real question is, is there somewhere on the forms (and I don't personally remember) where it asks if you have ever overstayed?

If there is no way for them to have recorded your overstay, and you don't have to disclose that on any of the forms (and again, I don't remember), than you may be fine...

G-325A asks for prior residences, so he will certainly have to disclose his U.S. residence.