i601 Will I need a waiver?

[Trkmc85 14]

Hello everyone. I overstayed my F1 visa / stamped D/S but left the US willingly without any immigration problems. It’s been 7,5 years since I left. Now I’m waiting for my IR1 interview in my country and wondering if they will require a waiver. I tried to find people that are similar to my case but I couldn’t yet. I would like to hear your opinions, please. Do you guys think they will ask for a waiver?  

[JeanneAdil 6,498]

 “D/S” (i.e., Duration of Status) and not a specific date.

how long was your overstay?

 

 

[Trkmc85 14]

31 minutes ago, JeanneAdil said:

 “D/S” (i.e., Duration of Status) and not a specific date.

how long was your overstay?

 

 

Hello. Yes, my i94 was stamped D/S without any date on it. I overstayed 4 years. 

[Family 3,988]

Yes a I-601 Waiver for Unlawful Presence will be required since you are subject to the 10 year bar for having accrued more than one year of unlawful presence and you have been out only 7.5 years.

Make certain when they give you the Refusal Letter at the interview it clearly states that you qualify for an I-601 . 
in the meantime prepare the Waiver Supporting Documentation so that your USC spouse can  file it as soon as you get the Refusal Letter. 

[Trkmc85 14]

10 minutes ago, Family said:

Yes a I-601 Waiver for Unlawful Presence will be required since you are subject to the 10 year bar for having accrued more than one year of unlawful presence and you have been out only 7.5 years.

Make certain when they give you the Refusal Letter at the interview it clearly states that you qualify for an I-601 . 
in the meantime prepare the Waiver Supporting Documentation so that your USC spouse can  file it as soon as you get the Refusal Letter. 

Thank you for the information. Do you by any chance know anybody that had a similar experience? As far as I read online, USCIC website says “individuals admitted for duration of status do not begin accruing unlawful presence until an immigration judge finds a status violation in the course of an immigration proceeding, or an immigration officer finds a violation of status in the course of an application for an immigration benefit.” That is why I’m trying to find if there is anybody who has been in my situation. So far I found 2-3 member of VJ that har the exact same situation and they got their visa without any waivers, or any problems. They say they didn’t even mention the overstay. But those posts are from 8-9 years ago. I’m just being a little impatient that’s all  I guess I have to wait and see during the interview…

 

[Trkmc85 14]

29 minutes ago, Family said:

Yes a I-601 Waiver for Unlawful Presence will be required since you are subject to the 10 year bar for having accrued more than one year of unlawful presence and you have been out only 7.5 years.

Make certain when they give you the Refusal Letter at the interview it clearly states that you qualify for an I-601 . 
in the meantime prepare the Waiver Supporting Documentation so that your USC spouse can  file it as soon as you get the Refusal Letter. 

Some examples.

[Boiler 45,488]

Have you filed a FOIA?

[Trkmc85 14]

3 minutes ago, Boiler said:

Have you filed a FOIA?

Hello. I am not familiar with FOIA. I’m looking it up right now.

[Trkmc85 14]

6 minutes ago, Boiler said:

Have you filed a FOIA?

Wait, so does this mean I actually can find out if I am subject to an entry bar??? 😮

[Boiler 45,488]

Well I am not sure I would go  that far

[Trkmc85 14]

Just now, Boiler said:

Well I am not sure I would go  that far

I’m confused 😐 

[Trkmc85 14]

4 minutes ago, Boiler said:

Well I am not sure I would go  that far

Why would one file for it?

[Boiler 45,488]

Free

 

You have a complicated history

 

Might be worthwhile

 

Why would you not?

[Trkmc85 14]

9 minutes ago, Boiler said:

Free

 

You have a complicated history

 

Might be worthwhile

 

Why would you not?

Don’t get me wrong, I really appreciate the guidance, but I just didn’t understand why would I need to file it if I won’t be able to figure out if I have an entry bar or not. What kind of information would I be inquiring other than the bar? 

[Boiler 45,488]

Your immigration history, FOIA does not include everything.