Overstay F1 Covid 19 10 year bar

[igoyougoduke 1,662]

26 minutes ago, 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.

i think what everyone here is saying is that it is now recorded in their system that you overstayed and they have banned you for 10 years. getting a b2 visa will now next to be impossible. waivers are granted on a case by case basis and you can try. folks here are just telling what is high probability of what will happen. there is a chance you might get a waiver but i wouldnt bet my house on it .

[coolcat20 5]

23 minutes ago, Sammy_2496 said:

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

I understand. I thought it was worth a try because I was able to prove my ties to my home country and responsibilities here. 

There was never any thought of misrepresentation. 

Yes that seems to be what most are agreeing on. Thank you

12 minutes ago, igoyougoduke said:

i think what everyone here is saying is that it is now recorded in their system that you overstayed and they have banned you for 10 years. getting a b2 visa will now next to be impossible. waivers are granted on a case by case basis and you can try. folks here are just telling what is high probability of what will happen. there is a chance you might get a waiver but i wouldnt bet my house on it .

I understand. It seems as a waiver is the best route and to consult a knowledgeable immigration lawyer. 

[Crazy Cat 41,985]

5 minutes ago, coolcat20 said:

It seems as a waiver is the best route

Are you married to a US citizen?

[coolcat20 5]

2 minutes ago, Crazy Cat said:

Are you married to a US citizen?

No I am not. This would be done through my family as I understand from the previous replies.

[coolcat20 5]

49 minutes ago, Boiler said:

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

I see. So you mean they will have to file the form I-130? And do they only submit this to begin with without a waiver? 

[Boiler 45,735]

Just now, coolcat20 said:

I see. So you mean they will have to file the form I-130? And do they only submit this to begin with without a waiver? 

Without

 

Parents would be quickest, bit no harm sibling filing as well. Good insurance.

 

Waiver will not be required in this situation.

[coolcat20 5]

Just now, Boiler said:

Without

 

Parents would be quickest, bit no harm sibling filing as well. Good insurance.

 

Waiver will not be required in this situation.

Another question: do they only apply with this form and the filing fee in the packet? What else should be included?

Just to repeat: parents are LPR's, sibling is USC and I am 30 and unmarried/no children.

[Crazy Cat 41,985]

 

3 minutes ago, Boiler said:

Waiver will not be required in this situation.

Because the ban, likely, will have expired before visa is issued?

Edited April 27, 2023 by Crazy Cat

[Boiler 45,735]

1 minute ago, Crazy Cat said:

 

Because the ban will have expired before visa is issued?

Correct

[beloved_dingo 1,979]

I'm a bit confused how the alternative to a B2 is to be petitioned for an immigrant visa. If the end goal was to live in the U.S., your family members should have petitioned for you already. I believe the LPR parent filing for unmarried child will be considerably quicker than the sibling option (but will still take years). However, you can have multiple petitions processed at the same time so they can both file for you if they want to/agree to do so.

 

If the end goal is not to live in the U.S., then you should just wait out the ban. 

[Boiler 45,735]

1 minute ago, coolcat20 said:

Another question: do they only apply with this form and the filing fee in the packet? What else should be included?

Just to repeat: parents are LPR's, sibling is USC and I am 30 and unmarried/no children.

Each application will have its own fee. This is something they do not you and it is pretty simple, they just follow the instructions.

 

Now the downside of being sponsored by your Parents is that you can not marry, unless they naturalise first. LPRs can only sponsor unmarried children.

[coolcat20 5]

Just now, Boiler said:

Each application will have its own fee. This is something they do not you and it is pretty simple, they just follow the instructions.

 

Now the downside of being sponsored by your Parents is that you can not marry, unless they naturalise first. LPRs can only sponsor unmarried children.

Got it.

Any idea of how long these petitions take to process and hopefully get approved?
Regarding the no need for waiver: do you mean this will take 9 years to process?

[coolcat20 5]

3 minutes ago, beloved_dingo said:

I'm a bit confused how the alternative to a B2 is to be petitioned for an immigrant visa. If the end goal was to live in the U.S., your family members should have petitioned for you already. I believe the LPR parent filing for unmarried child will be considerably quicker than the sibling option (but will still take years). However, you can have multiple petitions processed at the same time so they can both file for you if they want to/agree to do so.

 

If the end goal is not to live in the U.S., then you should just wait out the ban. 

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.

[beloved_dingo 1,979]

Just now, coolcat20 said:

Got it.

Any idea of how long these petitions take to process and hopefully get approved?
Regarding the no need for waiver: do you mean this will take 9 years to process?

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. 

[Crazy Cat 41,985]

1 minute ago, coolcat20 said:

Got it.

Any idea of how long these petitions take to process and hopefully get approved?
Regarding the no need for waiver: do you mean this will take 9 years to process?

F4= Sibling Petitions which are just now qualify for visa numbers.  F2B= Unmarried Sons/Daughters of LPRs