F2a spouse overstayed, consular interview in 4 weeks!

[CMBx3 3]

This site provided me lots of useful info while my case was processing now I'm back with questions that a friend needs some urgent help with.

Ok so this person is married to a green card holder for 3yrs. She has an upcoming interview in her home county in 4 weeks from today. The issue is that she previously overstayed in the usa. She overstayed by 182 days and it was because of medical reasons. I'm sure she's going to need some type of waiver, right?

WHAT ARE HER OPTIONS?

She's already back in her home country.

Her husband is not yet eligible for citizenship.

[aleful 1,905]

hi

yes, if she overstayed over 6 months of her tourist visa, she had a grace period of 6 months after her i94 expired, so if she would have left a few days sooner, she wouldn't have a 3 year ban, which is an overstay between 6 months to a year

[CMBx3 3]

Thanks. What's the process for getting this waiver?

Can it be done before her upcoming interview? If so how will it affect the interview process?

[CMBx3 3]

hi

yes, if she overstayed over 6 months of her tourist visa, she had a grace period of 6 months after her i94 expired, so if she would have left a few days sooner, she wouldn't have a 3 year ban, which is an overstay between 6 months to a year

Thanks. What's the process for getting this waiver?

Can it be done before her upcoming interview? If so how will it affect the interview process?

[A'n'L 735]

When did she leave the US after the overstay?

It's only after a potential denial at the embassy that a waiver can be sought. I'm not sure if she is eligible for one however, since her husband is a PR and not a USC.

[CMBx3 3]

She left the usa on December 13th. That was 182 days of overstay.

[aleful 1,905]

hi

she will be denied at the interview, then she will receive a letter letting her know if she qualifies or not for the i601 waiver

if she just overstayed then she will qualify, it doesn't matter that her husband is only a LPR

he will have to file the hardship letter with the waiver, he will need to show why her not being able to move here would be a hardship and also the reasons why he couldn't move to her country to be with his wife

[CMBx3 3]

hi

she will be denied at the interview, then she will receive a letter letting her know if she qualifies or not for the i601 waiver

if she just overstayed then she will qualify, it doesn't matter that her husband is only a LPR

he will have to file the hardship letter with the waiver, he will need to show why her not being able to move here would be a hardship and also the reasons why he couldn't move to her country to be with his wife

Do you have any idea how long the waiver process is and do you think they should get a lawyer?

Do you have any idea how long the waiver process is and do you think they should get a lawyer?

Can they start the waiver process before going to the interview?

[aleful 1,905]

hi

it all depends if they feel confident to do it or not, some do it themselves, others hire attorneys. it costs thousands of dollars to put together the waiver

they can start gathering evidence

an average for the waiver is between 4 to 8 months

[CMBx3 3]

Thanks for your help. I'll pass the messages on

[CMBx3 3]

One more question. Since she knows now she'll need to apply for the waiver. If her husband has gathered all the evidence and has the package ready before the interview. Can they mail it before the interview takes place?

[aleful 1,905]

hi

nope, she has to wait until she is denied, up to now, we think she might need a waiver, only the officer will tell her that she is denied

she has to wait until she receives the letter, because it will tell her under what law she was denied

they can prepare it but mail it after she gets the letter of denial

[aaron2020 11,651]

Over 180 days of unlawful presence is a 3 years ban. It's not 6 months. It's 180 days.

[CMBx3 3]

Over 180 days of unlawful presence is a 3 years ban. It's not 6 months. It's 180 days.

Is this ban automatic in the system once day 181 hits and she has to be denied the visa or is it based on the interviewing officers discretion?

I'm feeling so sad for my friend she's in such a depressed state I'm trying to help her but don't have any experience on this issue. Thanks to all who's been giving their input so far

[NigeriaorBust 4,087]

If they calculate that she overstay by anything between 180 and 365 days the ban is automatic. They will decide I she is eligible for a waiver at that point. It is then up to them to prove hardship. It can be tricky if the spouse is from the same country as it is harder to prove they can't just move back ( think ties to the US and job and such )