Previous overstay: does one need to file a waiver?

[Nena 0]

Hello to all of you on VJ!

I figure that you guys on VJ are far more knowledgeable that me on the subject of immigration, so you can probably answer my questions. I am clueless.

My husband currently is in the US on a K3 visa. He had however overstayed a student visa previously, before returning to the US last year. A the time he applied for his K3 visa (last year), we were fearing and were expecting to be asked to file a waiver by the overseas consulate. But no waiver was asked at the time of the interview, and his K3 visa was later issued. I guess that he was very lucky! How this happened is a mystery to me. The consulate was well aware that he had been in the US before...

The POE officers however, were well aware of his previous overstay and not so keen to let him in the US again. They almost denied his entry when he arrived at the airport. My husband told me how horrible he felt, when two immigration officers took him aside and questioned him. He was put in a "waiting room" with other people, where he waited for more than 1 hour. He said that two immigration officers argue. One was for letting him in, but the other was against it. Anyhow, he was finally allowed to enter and he is here with me now.

The question is. If he files for AOS now, what are his chances of his AOS being approved? Will he need to file a waiver here? Can he even be deported?

Thank you all for your advice. I really appreciate it.

Nena

[Boiler 45,513]

If he files for AOS now, what are his chances of his AOS being approved? Will he need to file a waiver here? Can he even be deported?

Good

Probably not.

Yes he can

[kitkat1 5]

Hello to all of you on VJ!

I figure that you guys on VJ are far more knowledgeable that me on the subject of immigration, so you can probably answer my questions. I am clueless.

My husband currently is in the US on a K3 visa. He had however overstayed a student visa previously, before returning to the US last year. A the time he applied for his K3 visa (last year), we were fearing and were expecting to be asked to file a waiver by the overseas consulate. But no waiver was asked at the time of the interview, and his K3 visa was later issued. I guess that he was very lucky! How this happened is a mystery to me. The consulate was well aware that he had been in the US before...

The POE officers however, were well aware of his previous overstay and not so keen to let him in the US again. They almost denied his entry when he arrived at the airport. My husband told me how horrible he felt, when two immigration officers took him aside and questioned him. He was put in a "waiting room" with other people, where he waited for more than 1 hour. He said that two immigration officers argue. One was for letting him in, but the other was against it. Anyhow, he was finally allowed to enter and he is here with me now.

The question is. If he files for AOS now, what are his chances of his AOS being approved? Will he need to file a waiver here? Can he even be deported?

Thank you all for your advice. I really appreciate it.

Nena

How long was his overstay? If he had needed a waiver, it normally would have been required BEFORE his K3 was issued.

[Nena 0]

Kitkat, Yes he had overstayed his student of a few years... But was not required to file a waiver at the interview. Is it at the discretion of the consular officer to decide, maybe?

The officer actually asked why my husband why he had actually not stayed in the US and waited to apply for AOS...

[Boiler 45,513]

Kitkat, Yes he had overstayed his student of a few years... But was not required to file a waiver at the interview. Is it at the discretion of the consular officer to decide, maybe?

The officer actually asked why my husband why he had actually not stayed in the US and waited to apply for AOS...

Student status is a bit tricky, so he might not have been, technically.

That would have been the normal route.

[Nena 0]

Thank you for your responses. I don't know for how long was his student visa valid, he had it for a few years, but it must have expired automatically when he finished college... I guess all we can do is file for AOS and see what happened.... Just worried because of what happened at the POE. He is afraid to travel now. I am going on vacation to see my family who lives in France this summer, but alone because we are unsure whether or not he can go and come back....

[Boiler 45,513]

Thank you for your responses. I don't know for how long was his student visa valid, he had it for a few years, but it must have expired automatically when he finished college... I guess all we can do is file for AOS and see what happened.... Just worried because of what happened at the POE. He is afraid to travel now. I am going on vacation to see my family who lives in France this summer, but alone because we are unsure whether or not he can go and come back....

That's not how a Student Visa works, but if you want to review it further probably best to refer to a lawyer.