B1/B2 Visa overstayed 187 days

[Khallaf 650]

7 minutes ago, roseofsharyn said:

Okay thank you very much!! I’m sorry but I’m not really familiar with this whole process. I just want clearance and answers what I have to expect. 

when dealing with US Embassy, no one can tell you what will happen or how fast it will happen we all just have to speculate on what could be.

here you can ask opinions, give facts of course to get what might be, but in end its all in the hands of the US Embassy.

 

I will tell you IMO I am shocked, with that being said even if they approve the waiver, and approve the visa, CBP could Deny you when they see your past overstay, as even with the B1/B2 you are not guaranteed entry.

Edited January 15, 2019 by Khallaf

[Boiler 45,939]

1 hour ago, HonoraryCitizen said:

What is the basis of this confidence? Any statistics? Or simply because the consulate recommended they apply for one ?

 

I have seen maybe 2 refused, hundreds approved.

 

What do you mean by them applying for one, this is for a B. Not how it works.

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47 minutes ago, Khallaf said:

when dealing with US Embassy, no one can tell you what will happen or how fast it will happen we all just have to speculate on what could be.

here you can ask opinions, give facts of course to get what might be, but in end its all in the hands of the US Embassy.

 

I will tell you IMO I am shocked, with that being said even if they approve the waiver, and approve the visa, CBP could Deny you when they see your past overstay, as even with the B1/B2 you are not guaranteed entry.

The OP stated she was interviewed and recommended for a waiver.

[EM_Vandaveer 2,408]

Folks, there is such a thing as a NON-IMMIGRANT waiver of inadmissibility which is presumably what is in play here. NOT an I-601.

[USS_Voyager 1,972]

5 hours ago, HonoraryCitizen said:

You don’t qualify for I-601. Read the instructions below. Unless I am missing something because you’re applying for a B nonimmigrant visa. 🤔

 

 

I am not an expert on waivers, but there are non-immigrant visa waivers vs immigrant visa waivers and the NIV waivers generally has less stringent eligibility requirements than the IV ones.

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The NIV waiver is a D3.

[HonoraryCitizen 179]

It seems the Original Poster is in luck. The waivers for inadmissible non immigrants under §212(d)(3)(A)  are typically recommended by the consular officer on behalf of the non-immigrant and hence they typically have a high success rate.

 

https://www.uscis.gov/ilink/docView/22CFR/HTML/22CFR/0-0-0-1/0-0-0-55/0-0-0-492.html

 

Quote

 

(a)         Report or recommendation to Department     . Except as provided in paragraph (b) of this section, consular officers may, upon their own initiative, and shall, upon the request of the Secretary of State or upon the request of the alien, submit a report to the Department for possible transmission to the Secretary of Homeland Security pursuant to the provisions of INA         212(d)(3)(A)         in the case of an alien who is classifiable as a nonimmigrant but who is known or believed by the consular officer to be ineligible to receive a nonimmigrant visa under the provisions of INA         212(a)         , other than INA         212(a)   (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), (3)(E)(i), or (3)(E)(ii). (Paragraph (a) revised 12/30/10;  75 FR 82242   ).    
             

      (b)         Recommendation to designated INS officer abroad     . A consular officer may, in certain categories defined by the Secretary of State, recommend directly to designated INS officers that the temporary admission of an alien ineligible to receive a visa be authorized under INA         212(d)(3)(A)    

 

 

Edited January 15, 2019 by HonoraryCitizen

[gregcrs2 1,778]

I am not understanding this.  OP came here on a 6 months and left after a 187 day overstay.  So OP was here over a year.  How does that not fulfill OP's volunteer year?  

[geowrian 22,338]

7 hours ago, roseofsharyn said:

It was recommended from my organization that I would need a b1/b2 visa because volunteering doesn’t count as a job.

Depends on the specifics of the volunteer actions.

I've worked for charities before (edit: including volunteering...not just actual employment). Some of my tasks there would almost certainly be classified as a employment under immigration law, even if unpaid.

 

7 hours ago, HonoraryCitizen said:

I am curious, which waiver is this? What is the name of the waiver and Form number? Honestly I fail to see what waiver you qualify for after reading the qualification criteria for the various type of waivers.

 

i am inclined to think the consular at the embassy was just blowing air up your backside. They sometimes do that.

7 hours ago, Khallaf said:

who is filing this waiver for you? the US embassy? 

7 hours ago, roseofsharyn said:

I honestly don’t really know but I assume it has to be the I-601 because I overstayed 187 days which is more than 180 days but less than a year. At the confirmation email from the consulate they told me they’ll file a waiver for me.

The U.S consulate in Germany (Munich) 

An NIV waiver is requested by the CO. One cannot apply for it and there is no form to fill out. It's at the CO's discretion to request one or not. They do tend to be approved, though.

 

 

Edited January 15, 2019 by geowrian

[mtempelaar 190]

Regardless of what waiver types and odds on approval/denial:

 

To the original poster - You need to understand whatever waivers and visas people/orgs are submitting on your behalf.  It appears you are being a bit too passive about the process and that is what led to this dilemma.   If it were me, I would have been calling the volunteer org to get copies of what they submitted and following up constantly about status.  And without a written confirmation of extension, I would have booked that flight home.  

 

You need to take control here and understand exactly which visa/waivers are being used, how you qualify, timelines for it.  You also need to know when you need to leave the US again (assuming you get the waiver and assuming CBP lets you back in).  This is your life.  You need to own the process, even if someone else is filling out forms.    

Edited January 15, 2019 by mtempelaar

[Mollie09 1,543]

2 hours ago, gregcrs2 said:

I am not understanding this.  OP came here on a 6 months and left after a 187 day overstay.  So OP was here over a year.  How does that not fulfill OP's volunteer year?  

I also noticed this. You completed over a year, and wanted to come back for 6 more after only one month outside the US? How is your year not completed?

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18 minutes ago, Mollie09 said:

I also noticed this. You completed over a year, and wanted to come back for 6 more after only one month outside the US? How is your year not completed?

I also wondered that but whatever the reason the Consulate were happy with the reason or the OP would never have got this far.