Hi,

I overstay my B2 visa (more the one year) and came back to Brazil (two years ago) because I'd would like finish my college... I got married on october 2006 in Brazil and I will have my interview for a k-3 visa soon!

Do you know if I have any chance to get my k-3 visa without apply for a waiver I-601?


Thanks

No - you will need a waiver.

Aliens Unlawfully Present

Section 301 creates bars to admissibility for aliens who were “unlawfully present” (i.e., overstayed a visa or entered without inspection and were therefore neither admitted nor paroled). According to INA §212(a)(9)(B(i)(I), an alien unlawfully present for more than 180 days but less than one year, and who left the United States voluntarily before removal proceedings began, is inadmissible for three years from date of departure. According to INA §212(a)(9)(B(i)(II), an alien unlawfully present for one year or more is inadmissible for 10 years from the date of departure

The only way to overcome the 10 year ban is with an approved 601 waiver.

See the 601 forum on www.immigrate2us.net if you haven't already.

Thanks Kitkat for your answer... I know the law, but I'm asking if I can get a visa without need to apply for waiver because I read that in the internet:

"However, keep in mind that Consular officer does has the authority to grant an immigrant visa to your wife despite of the fact that she is inadmissible under section 212 of INA being inadmissible for 10 yrs bar, and Consular may not even ask her to file any waiver application whatsoever, but chances of this happening are very slim, which would entirely depend on how nice Consular officer is. But law does give an authority to Consular officer to grant a petition for visa as Consular may seem appropriate as per their discretion. So, there is still a hope that Consular officer may approve her case for immigrant visa without finding her inadmissible for 10 yrs bar. Otherwise, she must be filing waiver-application that might take up to six months to have decision on it. My advice and my two cents to you guys is- be prepared to make your case very passionately for waiver, since getting approval on waiver would be the heart and soul parts of your case".

What do you think? Is it possible?

You know whether or not it's possible. Look at the bold part. Stop looking for loopholes and prepare to file a waiver. You're wasting your own time.

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You know whether or not it's possible. Look at the bold part. Stop looking for loopholes and prepare to file a waiver. You're wasting your own time.
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Thank you for your support and help Alessandra. You're a really sweet Brazilian girl...

In the past, it's true that occasionally people with overstays were approved without waivers. I have never seen it happen and I think the smartest thing to do is to be prepared with a well documented waiver and be prepared for a long wait. Chances are definitely 99.9% that you WILL need a waiver and it will most likely be a long wait.

I would like tell that I didn't need a waiver!! I told them (consulate) about my 3 years overstay in US (in the forms), but I got my visa anyway... I arrived at NY and the immigration was really fast (10 minuts)!! I started my process on 10/2006 and got a k-3 visa on 02/2007!!!


I hope it can bring some hope in your hearts!!!!!! Because have a chance that you don't get a waiver!!

God bless you...

Wow that is great, what do you think was the reason you were able to do this without a waiver?
congrats.
Bobbie

More than 3 years ago?

Very strange. More than a one year overstay means a 10 year ban. Either they made a mistake or were feeling very very generous as these days this is pretty much unheard of. In any event, congrats!

I dont know the reason... Maybe because I wasn't deported...

Anyway, I wrote my experience, so people can get a little hope... I arrived in America this week and I didn't have any problems at the POE...

Not being deported isn't the reason. For deporation you would have needed a 212 waiver. in addition to a 601 waiver to forgive the overstay and 10 year ban. Hate to sound cynical but did you tell the complete truth on the forms about your overstay? Just wondering how this happened. Don't mean to rain on your parade - it's great news. Just very unusual and I wonder if there could be other issues down the road.

I didn't lie in my forms!! I told them all my jobs and years in America!! Because I don't want to have problems with my Green Card...

Maybe I was a lucky girl!

Or maybe the B-2 was for longer than she thought.

Either the B2 was for longer than she thought or her overstay was under 180 days.

Or (as Boiler mentioned) under one year, and she's been away from the States 3 years already.