Inadmissibility question

[Ban Hammer 13,326]

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[Boiler 45,434]

9 minutes ago, Crazy Cat said:

Step 1 is to determine if you have an overstay.  If you have an entry ban, I think a waiver would be available if applying for K or V non-immigrant visas only.  I am no expert in that area, but I haven't found waivers available for other NIVs so far.   I'll keep looking.

D3 is the NIV waiver, whether the Consulate would even consider a visa in this situation is another matter.

[Crazy Cat 41,772]

18 minutes ago, Boiler said:

D3 is the NIV waiver, whether the Consulate would even consider a visa in this situation is another matter.

Thanks.  I have learned something today.  

[carmel34 3,620]

3 hours ago, Mason_Stellar said:

my question in this post was is there was a waiver available, with which i could apply to get a non immigrant visa to see my partner in the US?

I recommend that your US partner visit you in India while you figure and wait out the likely length of the overstay bar, and while you decide when you want to actually get married.  By the time you both agree on a marriage date, do it via Utah online, meet again in India, gather all the documents, then your new US spouse can start the spousal visa process by filing a petition on your behalf.  With an overstay on your record, and a US partner, it will be difficult for you to get a B visa to visit, even after the bar.  Plan on a 1-2 year wait for the spousal visa process, living apart in the US and India, with your US partner making frequent visits to see you.  Many of us on VJ have done this successfully.  Good luck! 

[Mason_Stellar 2]

thank you for kind response carmel34. My partner's mother is very old and has health complications and for that reason she cannot travel. I wanted to have her blessing in person before we tie the knot. But now i am beginning to realize that might not be a possibility.    

[Rocio0010 5,579]

49 minutes ago, Mason_Stellar said:

thank you for kind response carmel34. My partner's mother is very old and has health complications and for that reason she cannot travel. I wanted to have her blessing in person before we tie the knot. But now i am beginning to realize that might not be a possibility.    

I'm so sorry about that.

One thing you could do to start finding out if you had an overstay is to file FOIA

[Redro 4,611]

2 hours ago, Mason_Stellar said:

thank you for kind response carmel34. My partner's mother is very old and has health complications and for that reason she cannot travel. I wanted to have her blessing in person before we tie the knot. But now i am beginning to realize that might not be a possibility.    

Yes, unfortunately immigration and “perfect life plans” are not always compatible… we sometimes have to live by immigration timelines not the timeline of our choice. 
I’m aware you stated in a previous post your partner wasn’t quite ready to get married yet. But, they might consider getting married now and filing now because with immigration timelines you’re probably only looking at moving to the US in late 2024 by the earliest! 
And if a waiver for overstay is required that will add another 12-18 months to your eventual move. 
If you know you want to be together in the future, start making plans for the next 3 years now… 

[Boiler 45,434]

I certainly would not plan on getting a B, is it impossible no but a long shot with it without a ban.

[Imperium 81]

6 hours ago, Boiler said:

I certainly would not plan on getting a B, is it impossible no but a long shot with it without a ban.

B is next to impossible with an overstay, not to mention current NIV appointment time of at least (176 days in Chennai to 589 in Mumbai).

[Cathi 5,745]

There is no waiver for a visitor visa.

[Boiler 45,434]

4 minutes ago, Cathi said:

There is no waiver for a visitor visa.

D3 mentioned above.

[Redro 4,611]

10 minutes ago, Cathi said:

There is no waiver for a visitor visa.

There is… one of the members here has received it for DUI… not sure if I’ve seen someone receive it for overstay though. And I believe it is only good for single entry for first waiver but then after second application you can receive longer validity. 

[Boiler 45,434]

I used to see a lot of them, criminal issues, overstays but not of late.

[SalishSea 17,791]

2 hours ago, Boiler said:

I used to see a lot of them, criminal issues, overstays but not of late.

So, who is the hardship for?   The premise of waivers for immigrant visas is hardship to a USC or LPR.   
 

I suppose one could frame a tourist  waiver hardship as applying to Mickey Mouse, if the tourist cannot visit Disneyland.

[Boiler 45,434]

Most of the ones I have seen have been from the UK, could be anywhere of course.

 

Most of them have been for a B, but have certainly seen them for E1, E2 etc.

 

So somebody has some issue from their youth, now want to take the family to Disney. Ineligible for the VWP (I am sure loads of people forget about their history and use the VWP) so they apply for a B but the inadmissibility is such that the CO can not just issue it, they would otherwise, but they can recommend that a waiver be given. The CO is the one that sends it in so very different to an Immigrant Waiver. They used to be usually good for 1 year initially but pretty sure they are good for 5 years now.

 

Big advantage of the D3 is that it can waive pretty much anything, I remember somebody getting one for a E1 waiving something that could never be waived for an Immigrant Visa.

 

Obviously you need to have a good case for the underlying visa first. Think they used to take 3 to 6 months, no idea what that could be now.

 

Now I am wondering why I do not seem, or have not for a long time.