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wewhosee

automatic denial at IR-1 visa interview?

By wewhosee in IR-1 / CR-1 Spouse Visa Process & Procedures

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wewhosee Apprentice

wewhosee   0

Posted
Filed: IR-1/CR-1 Visa Country: China
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hi guys, here's my situation, i went to america in 2002, when i was 16 years old, with a R(B2) visa, not sure what it is exactly and the visa was good for 6 months. i stayed in the US the whole time and came back to china in 2009. i did apply for a religious assylem 6 months after my R visa expired, and i was 17 at the time, the whole process was confusing, we had a bad lawyer and i really don't remember much of it and i don't have any of the paperwork, either. anyway, i went to court and the judge denied my religious assylem, and ordered my deportation(i think..) but i didn't leave and that was it, never heard from the court or the immigration anymore. i went to school, got married to a US citizen in 2006 and we have a child together, we started my green card application when i came back to china in 2009(on my own will, wasn't deported or anything) everything went fine, i just got my medical exam and waiting to go to the interview in Guangzhou. i want to know if the consular officer found out that i overstayed my visa all these years, do i get an automatic denial for my visa or is there a chance that i might get my visa to the US. regardless of what happend before?( i know i might have to apply for a 601 waiver if i get denied.) thanks so much!

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amykathleen2005 Proficient

amykathleen2005   441

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Filed: Lift. Cond. (apr) Country: England
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Posted

They know. You will probably have a 10 year ban which is waiverable.

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NikLR Grand Master

NikLR   13,227

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Filed: Lift. Cond. (apr) Country: Canada
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I would look into if you have a ban and need a waiver ASAP. It is likely you will need one.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
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go to immigrate2us.net they are the experts on waivers and can recommend a good lawyer because waivers are not do it yourself efforts and a bad lawyer can kill things.

This will not be over quickly. You will not enjoy this.

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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Posted

yer going to need a waiver, which is obtainable after the interview day.

However, go into the interview with the waiver paperwork.

echo the plan - get to immigrate2us.net and study study study !

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ShirahBet Collaborator

ShirahBet   42

Posted
Filed: IR-1/CR-1 Visa Country: Morocco
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Posted

They don't let you do the waiver at the interview any longer. The process is via lockbox in the US in order to standardize the adjudication.

My husband had his interview on Tuesday and here is what happened: First question: How long were you in the US? My husband answered. Second question: You know you have a ban, right? He answered. Next thing said, "Ok, now we can start the interview." So no, they don't look the other way.

You may have a harder time with the waiver because there was an order for deportation, and you didn't leave. But it sounds like you may be waiver eligible. It is something they will tell you at the interview. Then you put the documents together for extreme hardship to the USC and the application by the immigrant and mail it off to the lockbox... and wait.

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wewhosee Apprentice

wewhosee   0

Posted
Filed: IR-1/CR-1 Visa Country: China
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Posted

They don't let you do the waiver at the interview any longer. The process is via lockbox in the US in order to standardize the adjudication.

My husband had his interview on Tuesday and here is what happened: First question: How long were you in the US? My husband answered. Second question: You know you have a ban, right? He answered. Next thing said, "Ok, now we can start the interview." So no, they don't look the other way.

You may have a harder time with the waiver because there was an order for deportation, and you didn't leave. But it sounds like you may be waiver eligible. It is something they will tell you at the interview. Then you put the documents together for extreme hardship to the USC and the application by the immigrant and mail it off to the lockbox... and wait.

thanks Erinbeth, your answer is very helpful! my lawyer looked me up in the system and he couldn't find the 10 year ban, that's why i was wondering, well, hopefuly i will be eligible for the waiver. thanks again for the answer!

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stevie b Proficient

stevie b   141

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Filed: IR-1/CR-1 Visa Country: Fiji
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Posted

thanks Erinbeth, your answer is very helpful! my lawyer looked me up in the system and he couldn't find the 10 year ban, that's why i was wondering, well, hopefuly i will be eligible for the waiver. thanks again for the answer!

i am pretty sure lawyers don't have access to the immigration database


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ShirahBet Collaborator

ShirahBet   42

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Filed: IR-1/CR-1 Visa Country: Morocco
 Timeline
Posted

If you put the information about when and where you were on your application, which you'll have to, that will be the grounds for ineligibility right there. I wouldn't recommend that you don't put it because that would be a lifetime ban without consideration of waiver. But again, it sounds like with the information you gave, you should be waiver eligible :)

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