Waiver or not??

[ST4LKER 0]

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.

Ok, so went to a 3rd lawyer today and she told me totally different opinion. She told me not to request for the waiver and especially not to submit it in advance. Also, have been instructed to file for it ONLY if required by USCIS.

[grrrrreat 109]

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

DS-160 (application for non-immigrant visa) asks about the last five stays in the U.S., with dates and durations, so yes he probably lied on that. If that's true, he won't need just a waiver for the overstay but a way to fix the misrepresentation problem.

[Boiler 45,583]

DS-160 (application for non-immigrant visa) asks about the last five stays in the U.S., with dates and durations, so yes he probably lied on that. If that's true, he won't need just a waiver for the overstay but a way to fix the misrepresentation problem.

You got it.

[grrrrreat 109]

You got it.

Bottom line to poster is listen to a competent lawyer, not an internet forum.

[Boiler 45,583]

Yep

And $3,000 is cheeeeeeeeep.

[jdh 103]

So, he shouldn't listen to you then. .

Sounds like he has found a lawyer that is giving advise that coincides with the good advise given here.

Filling out the waiver and having it ready to submit if asked for is a wise move.

Edited April 26, 2012 by jdh

[Boiler 45,583]

One thing when you are just going through the process and filling in forms.

Another when you have multiple Immigration Irregularities.

Then you have to bend over and cough up, I would expect a much larger fee from a Lawyer competent in this field, this is after all where they make their money. Not by filing I 130's.