Overstay F1 Covid 19 10 year bar

[Crazy Cat 41,814]

1 minute ago, coolcat20 said:

Is that waiver different than the one that you can file as forgiveness for your overstay?

No.

[Boiler 45,449]

Just now, coolcat20 said:

This is then known as the hardship waiver?

Is that waiver different than the one that you can file as forgiveness for your overstay?

There is a waiver for an Immigrant visa I 601

 

There is a waiver for a Tourist Visa D3, obviously the Consulate did not think you warranted this.

[SalishSea 17,803]

2 hours ago, coolcat20 said:

Hello all,

 

I entered the US in 2016 on a F1 visa. I have during this time gotten a degree, and traveled in and out of the US without any issues (originally from Europe).

After arriving the last time back in the US in dec 2019 to start completing my second degree in Jan 2020, covid-19 pandemic hit and caused a total lockdown in California.

Since I have an immediate family member who is a USC, I stayed with him to continue my studies until Fall 2020. Due to the pandemic and a close death of another USC family member in our family, I ended up not being able to continue my studies and my student visa was terminated. 

So, against my better judgement I ended up overstaying until July 2022 and departing on my own. 

This week, I went to the US Embassy to apply for a B1/B2 visa in order to see my family. I brought all required documents to show my ties to my home country and everything else that was needed. Upon meeting the consular officer, she took one look at my profile, asked about my previous history in the US. She did neither ask or look at any of my documents I had brought. When she asked about my terminated student visa, I answered truthfully. She then rolled her eyes at me. I felt so humiliated. Then she typed a bunch of things on the keyboard, printed a paper and told me the B1/B2 visa was denied, and verbally told me I had a 10 year bar and they can reassess my situation in 2032. 

She also handed me a paper of the bar saying crossed out "alien unlawfully present".

 

Visa journey fam,

What can I do? What is my next step?

 

Thank you

Next step:  wait out the ten year bar and try again.   Good luck.

[coolcat20 5]

2 minutes ago, Boiler said:

There is a waiver for an Immigrant visa I 601

 

There is a waiver for a Tourist Visa D3, obviously the Consulate did not think you warranted this.

It seems as the D3 is only available for DREAMers. 

 

Regarding I-601: this is to prove extreme hardship correct? are these successful at all?

[Boiler 45,449]

No waiver specifically for Dreamers, D3 is a non immigrant waiver.

 

Most well prepared I 601's are approved.

[SalishSea 17,803]

16 minutes ago, coolcat20 said:

I see. 

I'm reading mixed things about these type of cases. 

Does this also apply if you are married to a USC?

 

17 minutes ago, coolcat20 said:

I see. 

I'm reading mixed things about these type of cases. 

Does this also apply if you are married to a USC?

Are you asking this because you’re considering marrying a USC for this reason?   

[coolcat20 5]

4 minutes ago, Boiler said:

No waiver specifically for Dreamers, D3 is a non immigrant waiver.

 

Most well prepared I 601's are approved.

Got it. 

Would I need to reapply for the tourist visa and ask for the waiver at the embassy or how does this work?

 

Is an immigration lawyer required for the I 601? I appreciate any helpful information and examples on this.

[SalishSea 17,803]

3 minutes ago, coolcat20 said:

Got it. 

Would I need to reapply for the tourist visa and ask for the waiver at the embassy or how does this work?

 

Is an immigration lawyer required for the I 601? I appreciate any helpful information and examples on this.

You won’t be getting a waiver for another B visa.   They already know you are an overstay risk.

 

You are many years away from needing an I-601, since you haven’t been petitioned for an immigrant visa.

Edited April 27, 2023 by SalishSea

[Boiler 45,449]

Just now, coolcat20 said:

Got it. 

Would I need to reapply for the tourist visa and ask for the waiver at the embassy or how does this work?

 

Is an immigration lawyer required for the I 601? I appreciate any helpful information and examples on this.

They told you to come back in 10 years, if you are hoping for them to recommend a waiver maybe a try a bit before then.

 

Not required, I have seen plenty of people DIY a I 601, depends really on you and how much work you put in.

 

http://www.scottimmigration.net/content/i601memo

[Crazy Cat 41,814]

11 minutes ago, coolcat20 said:

Would I need to reapply for the tourist visa and ask for the waiver at the embassy or how does this work?

If a waiver was appropriate, the CO would have informed you of the process.  Another non-immigrant visa is NOT going to happen.  You violated the generosity of the US.  Your questions certainly imply that you have intent to live in the US.  That, alone, disqualifies you for an F-1 or a B2. 

Edited April 27, 2023 by Crazy Cat

[powerpuff 6,685]

35 minutes ago, coolcat20 said:

However, there has been so many opinions whether students admitted with D/S on their passport would accrue unlawful presence. 

 

Concerning USC petitioning: my immediate family now wants to take the step to petition for me. There also seems to be a policy that came out in 2022 that people who have gotten a ban may serve the ban INSIDE the US. What do you know about the waivers?

I’m aware of D/S but That doesn’t mean that you can overstay indefinitely without a ban.  They made the finding at your B2 interview and that’s that 
 

You have already departed the US. That option is not available to you. If you started the immigration process while you were still in the US, then yes you could have applied and waited for a waiver stateside. However, that ship has sailed 

 

Forget about the tourist visa - that is not available to you until 2032, or possibly beyond. You have to focus on an immigrant visa. Whether or not you want to hire an attorney is a personal decision. If you don’t feel sure that you can handle the research and all that goes into preparing it, I would recommend an attorney that is well versed in I-601 waivers. 

[coolcat20 5]

7 minutes ago, powerpuff said:

I’m aware of D/S but That doesn’t mean that you can overstay indefinitely without a ban.  They made the finding at your B2 interview and that’s that 
 

You have already departed the US. That option is not available to you. If you started the immigration process while you were still in the US, then yes you could have applied and waited for a waiver stateside. However, that ship has sailed 

 

Forget about the tourist visa - that is not available to you until 2032, or possibly beyond. You have to focus on an immigrant visa. Whether or not you want to hire an attorney is a personal decision. If you don’t feel sure that you can handle the research and all that goes into preparing it, I would recommend an attorney that is well versed in I-601 waivers. 

thank you, I appreciate your answer.

[coolcat20 5]

12 minutes ago, Crazy Cat said:

If a waiver was appropriate, the CO would have informed you of the process.  Another non-immigrant visa is NOT going to happen.  You violated the generosity of the US.  Your questions certainly imply that you have intent to live in the US.  That, alone, disqualifies you for an F-1 or a B2. 

I'm simply asking because as posted, I have both my parents and sibling there. I am not interested in F1 since I already have a completed degree. Thanks for your continuously condescending input though.

[Boiler 45,449]

Just now, coolcat20 said:

I'm simply asking because as posted, I have both my parents and sibling there. I am not interested in F1 since I already have a completed degree. Thanks for your continuously condescending input though.

Parents or sibling is going to take a looooong time, so the sooner they file the better and a waiver will not be needed.

[Sammy_2496 116]

The chances of you getting that B2 was always 0 because of the overstay. You cannot do anything except wait until 2032 and see what happens then. Im happy you were honest though, a life time ban would have been way worse than 10 years. The only thing i can honestly think of is a waiver IF you were married to a USC. Good luck with everything