221 (g) white slip after CR-1 interview

[Trkmc85 14]

Hello everyone. I had my CR-1 interview on 1st of June 2022 at the US embassy in Ankara. Everything went well, but at the end of the interview the VO told me that because of my previous F1 visa overstay they need to do an Administrative Processing. He kept my passport and told me that in my case there is a good chance that I will be getting an approval soon. My question is; how long this AP would take? and I was actually nervous before the interview thinking what if I have an entry bar because of my previous f-1 overstay which was +3 years. Does this mean there is no bar, but my case only need further Administrative Processing? or there still is a possibility that they can issue an entry bar after the AP? Very confused 😕 

[Crazy Cat 41,985]

Sounds like you might have a 10 year ban.  If you truly had an overstay of that long, you will need a waiver.  It depends on how the overstay is calculated.  That's why they need to check it out. 

Edited June 2, 2022 by Crazy Cat

[arken 4,197]

16 minutes ago, kmlcbi61 said:

how long this AP would take?

Weeks, months, or even years in some cases. If they are trying to verify the duration of your unlawful presence to see if it triggers the bar, it could take a while.

 

19 minutes ago, kmlcbi61 said:

Does this mean there is no bar, but my case only need further Administrative Processing? or there still is a possibility that they can issue an entry bar after the AP?

I think the CO couldn't determine if your entire overstay is unlawful presence due to the nature of D/S on the i94 for f1 status. So it is very likely they'll figure out that first. They may the pose the bar then if they determine you have sufficient duration of the unlawful presence.

[Verrou 1,962]

never know for sure how long AP will last. sometimes days, weeks, or months. 

do you hire a lawyer?

[Trkmc85 14]

40 minutes ago, arken said:

Weeks, months, or even years in some cases. If they are trying to verify the duration of your unlawful presence to see if it triggers the bar, it could take a while.

 

I think the CO couldn't determine if your entire overstay is unlawful presence due to the nature of D/S on the i94 for f1 status. So it is very likely they'll figure out that first. They may the pose the bar then if they determine you have sufficient duration of the unlawful presence.

Thanks for the insight. But I wonder why he would tell me that there is a high chance that I will be approved and keep my passport? As far as I know for an F-1 visa overstay to be considered as an illegal presence there should be a formal finding by an immigration judge. In that case my entry bar should already be in the system and I should have received 212 (A) not 221 (G). 

[Crazy Cat 41,985]

11 minutes ago, kmlcbi61 said:

As far as I know for an F-1 visa overstay to be considered as an illegal presence there should be a formal finding by an immigration judge.

From what I read, USCIS can also make the determination when the person is applying for an immigration benefit.   I'm not sure if the following is current.

 

https://isss.temple.edu/students/current-students/f-1-student/maintaining-legal-status/visa-overstay-and-illegal-presence-us

Edited June 2, 2022 by Crazy Cat

[Trkmc85 14]

58 minutes ago, arken said:

Weeks, months, or even years in some cases. If they are trying to verify the duration of your unlawful presence to see if it triggers the bar, it could take a while.

 

I think the CO couldn't determine if your entire overstay is unlawful presence due to the nature of D/S on the i94 for f1 status. So it is very likely they'll figure out that first. They may the pose the bar then if they determine you have sufficient duration of the unlawful presence.

Thanks for the input. I just don’t understand why would he keep my passport and tell me that there is a good chance that I will be approved. He could have told me the possibility of having a bar if there was any. 

[Crazy Cat 41,985]

3 minutes ago, kmlcbi61 said:

Thanks for the input. I just don’t understand why would he keep my passport and tell me that there is a good chance that I will be approved. He could have told me the possibility of having a bar if there was any. 

Regardless of what a CO says, ALL visa applications go through some form of administrative processing and verification before being issued.  Please let us know how this turns out.  Good luck.

[Trkmc85 14]

1 minute ago, Crazy Cat said:

Regardless of what a CO says, ALL visa applications go through some form of administrative processing and verification before being issued.  Please let us know how this turns out.  Good luck.

I understand. Thank you. I will keep you updated.

[JeanneAdil 6,583]

you overstayed 3+ years or you overstayed 3 years ago?
what does the notice say on your visa about when u should leave the US?

AP can be never ending or seem like it

and do not worry if CEAC says Refused instead of AP

refused is the term they now post instead of AP / it can change anytime to issued or denied or ready for interview (we have even seen this for some who already interviewed)u 

Why did he say u would be approved?   because your case is strong and the CO will approve it /  he can tell  u or USC spouse for a waiver if one is needed

What can u do at this point ?  pray and wait 

[Trkmc85 14]

38 minutes ago, JeanneAdil said:

you overstayed 3+ years or you overstayed 3 years ago?
what does the notice say on your visa about when u should leave the US?

AP can be never ending or seem like it

and do not worry if CEAC says Refused instead of AP

refused is the term they now post instead of AP / it can change anytime to issued or denied or ready for interview (we have even seen this for some who already interviewed)u 

Why did he say u would be approved?   because your case is strong and the CO will approve it /  he can tell  u or USC spouse for a waiver if one is needed

What can u do at this point ?  pray and wait 

Thank you for the comment! I had an f1 visa with D/S on I/94. I overstayed for about 3,5 years and came back willingly almost 8 years ago without any immigration(deportation) involvement. 

[JeanneAdil 6,583]

12 minutes ago, kmlcbi61 said:

Thank you for the comment! I had an f1 visa with D/S on I/94. I overstayed for about 3,5 years and came back willingly almost 8 years ago without any immigration(deportation) involvemtent. 

Ok,  as I 94 says d/s ,  the date on your I 20 that states when your program of study will finish is the important thing

 

D/S on your Form I-94/admissions stamp means that you may remain in the United States so long as you maintain your nonimmigrant student status, which includes finishing your program by the program date listed on your Form I-20, "Certificate of Eligibility for Nonimmigrant Status

[SalishSea 17,979]

4 hours ago, kmlcbi61 said:

Thank you for the comment! I had an f1 visa with D/S on I/94. I overstayed for about 3,5 years and came back willingly almost 8 years ago without any immigration(deportation) involvement. 

Usually bans for overstay are triggered when you depart the US.   
 

@SusieQQQ may know as this pertains to F1.

Edited June 2, 2022 by Jorgedig

[powerpuff 6,744]

~~ Topic moved from CR1/IR1 Process to Progress Reports ~~
 

Here’s someone who had a CR1 interview, were told they are “approved” but they have received a 221g letter afterwards stating that they need a waiver:

 

So it happens that they say everything looks good but after checking (administrative processing), it appears it isn’t. 

[SusieQQQ 11,587]

9 minutes ago, Jorgedig said:

Usually bans for overstay are triggered when you depart the US.   
 

@SusieQQQ may know as this pertains to F1.

Not entirely sure how the D/S thing works or what was the then-law at the time OP left - presumably this is what the CO is investigating too. If there is a finding of unlawful presence greater than one year, then there is a ten year ban triggered on departure, so if that applies to OP there would still be a couple of years to work out or a waiver needed.

 

1 hour ago, yanliu85228 said:

following the discussion, after the visa interview, if one got the AP and qualify to apply for waiver (using 601 form), when the waiver application can be submitted, asap or the waiver can be applied ahead of the visa interview?

 

Waiver is generally applied for after the CO refuses you and tells you if it is an option.