Consular Approval Without I-601 waiver

[prpplague 0]

i've read about all the issues about visa overstays and when a I-601 waiver is required.

for example most people agree that any overstay less than 180 days does not require

a waiver, but anything over 180 does because it includes a ban. my question is this:

does the consular have the authority to approve a visa without requiring a I-601 if there

was an overstay more than 180 days?

[YuAndDan 153]

I don't think the consular gets involved with the decision if the alien is deemed inadvisable, the decision is put to the attorney general That is why the I-601 is filed.

http://travel.state.gov/visa/frvi/ineligib...364.html#Waiver

Also note: There are 2 levels 180days to 1 year, and 1 year or more. Less than a year overstay, is bared for 3 years and if overstay more than 1 year the the bar is 10 years.

[Cindy&Kev 0]

Yes. If the person who overstayed was an I-94 D/S holder.

[prpplague 0]

Yes. If the person who overstayed was an I-94 D/S holder.

yes she had a valid I-94 which was surrendered when she left the US. she actually overstayed 190 days.

[Cindy&Kev 0]

Her I-94 had a date to leave the US or D/S? Did she enter as a tourist or as a student?

[prpplague 0]

Her I-94 had a date to leave the US or D/S? Did she enter as a tourist or as a student?

it had a date, she entered with a six month tourist visa B1/B2

[Cindy&Kev 0]

Sorry, but she will need a waiver.

[prpplague 0]

Sorry, but she will need a waiver.

yea i figured as much from my reading, just was curious about the authority of consular's authority.

i figure that the I-601 won't be a problem, by the time it gets processed (estimated 6 months) she'll have been out of the country for the three years anyway. and since both our children are US citizens and i work in the US , i suspect a I-601 would be approved.

[prpplague 0]

Her I-94 had a date to leave the US or D/S? Did she enter as a tourist or as a student?

i found a photocopy of the I-94 we were going to use with her I-539 application. she entered on a B-2 visa, and the I-94 has a D/S on it. odd thing is i didn't think the D/S was used with B-2 visa. so the question is, how do we determin if she overstayed?

[Yodrak 7]

YuAndDan,

Inadmissable, not "inadvisable".

And I don't think that the Attorney General handles these things personally, or that his office handles them directly. The decision is delegated.

Yodrak

I don't think the consular gets involved with the decision if the alien is deemed inadvisable, the decision is put to the attorney general That is why the I-601 is filed.

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