Overstay F1 Covid 19 10 year bar

[Boiler 45,735]

Parents 10 or so?

 

Siblings well 20 plus, with that sort of timeline I can only guess.

[coolcat20 5]

Just now, beloved_dingo said:

A sibling petition will take longer than 9 years.

 

LPR parent for unmarried child will take less time. I believe around 4 years total? Others more knowledgeable can correct me on that point. 

Thanks for the clarification.

[Crazy Cat 41,985]

2 minutes ago, beloved_dingo said:

A sibling petition will take longer than 9 years.

 

LPR parent for unmarried child will take less time. I believe around 4 years total? Others more knowledgeable can correct me on that point. 

Where are you finding that information?  

Edited April 27, 2023 by Crazy Cat

[Boiler 45,735]

1 minute ago, coolcat20 said:

It's worth noting that my parents are older and limited to traveling, and majority of my family lives there. So not being able to visit them for months at a time or a few months out of the year will be very difficult for our family as a whole.

Definitely have your sibling petition you then. Your parents can also have individual petitions in case something happens to one of them. 

[coolcat20 5]

1 minute ago, Boiler said:

Parents 10 or so?

 

Siblings well 20 plus, with that sort of timeline I can only guess.

Ouch. That's a long time. 

Now if it would come to marrying a USC, how would that process look like in terms of the ban and waiver? And processing time?

1 minute ago, Boiler said:

Definitely have your sibling petition you then. Your parents can also have individual petitions in case something happens to one of them. 

That makes sense. Thanks

[Boiler 45,735]

Just now, coolcat20 said:

Ouch. That's a long time. 

Now if it would come to marrying a USC, how would that process look like in terms of the ban and waiver? And processing time?

You would need a waiver.

 

3 or 4 years?

[coolcat20 5]

Just now, Boiler said:

You would need a waiver.

 

3 or 4 years?

Is the waiver then submitted with the I-130 packet (what exactly do you send in at this time?), or only if USCIS would request a waiver?

Is there also a significant difference between this scenario, or if you would apply for a K1-visa? Would this get approved despite the ban, or this also includes having to include a waiver?

[Crazy Cat 41,985]

Unless I am mistaken, it would take roughly 2 years for a spousal visa interview....then another year for the waiver to be approved.  Same for a K-1.

Edited April 27, 2023 by Crazy Cat

[coolcat20 5]

2 minutes ago, Crazy Cat said:

Unless I am mistaken, it would take roughly 2 years for a spousal visa interview....then another year for the waiver to be approved.  

I understand. Does the wait time differ depending on what country the beneficiary is in? And it is absolutely certain that they would require a waiver?

[Boiler 45,735]

2 minutes ago, coolcat20 said:

Is the waiver then submitted with the I-130 packet (what exactly do you send in at this time?), or only if USCIS would request a waiver?

Is there also a significant difference between this scenario, or if you would apply for a K1-visa? Would this get approved despite the ban, or this also includes having to include a waiver?

You need a waiver if your ban is still current.

 

The person who interviews you at the Consulate, like that lady did, reviews your history and would refuse the visa but give you the option of filing a waiver.

[Crazy Cat 41,985]

1 minute ago, coolcat20 said:

Does the wait time differ depending on what country the beneficiary is in?

Yes.  That is due to the number of people already in the queue for individual countries. 

[coolcat20 5]

Just now, Boiler said:

You need a waiver if your ban is still current.

 

The person who interviews you at the Consulate, like that lady did, reviews your history and would refuse the visa but give you the option of filing a waiver.

Got it. So regardless, a waiver is needed. The waiver you mentioner earlier though for tourist visas: is this something I would have to reapply with, or contact the embassy for?

[Boiler 45,735]

1 minute ago, coolcat20 said:

Got it. So regardless, a waiver is needed. The waiver you mentioner earlier though for tourist visas: is this something I would have to reapply with, or contact the embassy for?

That one the lady would have thought you had a compelling case such that she would have recommended you for it, can happen, obviously with such a recent egregious case it was not applicable.

3 minutes ago, Crazy Cat said:

Yes.  That is due to the number of people already in the queue for individual countries. 

For example Mexico, a very long wait.

[beloved_dingo 1,979]

13 minutes ago, Crazy Cat said:

Where are you finding that information?  

I must've gotten LPR parent confused with another category. 

[Rocio0010 5,580]

3 hours ago, coolcat20 said:

By immediate family I mean brother (USC),

Siblings are not considered IRs and are taking many many years. You’ll probably serve your ban before it becomes available to you. 
No, a ban cannot be served within the US. Otherwise everyone would give it a shot. 
COVID is not an excuse. Almost all countries had flights for their nationals to leave the US. Even crossing to Mexico would have been a possibility. 
 

Sorry, you won’t be given a tourist visa. That ship has sailed.