Waiver for a turist visa???

[mrspimpinha 0]

Hello everyone!

I overstayed my turism visa for over 180 days ( about 200 days) and I left on my own on May 2008. I tried to get back in September with another passaport ( I have double citizenship, and I thought that I would be fine but I got my entrace denied.)

My boyfriend and I were ready to apply for the k1 visa so I could get back, get married. We are not doing good with the long distance relationship and he said he is not ready to get married to someone that he doesnt see that often. It makes a lot of sense for me, I dont feel like I have a boyfriend sometimes and I think we need more time together in person.

Can I apply for a turism visa and apply for a waiver so we can spend more time together? Or the best thing to do is just wait 2 more years ( for what I have read, I was banned for 3 years. right?). One more question, when do I start counting down: from the date I left the country on my own, or from the date that my entrance was denied?

Thanks in events..

[Bobby+Umit 161]

You will need a waiver for the overstay - 180+ days gives you a 3 year ban. (it would be tough for you to get a waiver, especially without being married to a USC first - no hardship)

I doubt they will give you a tourist visa, regardless of waiver, since you attempted to use another passport (that's misrepresentation at the POE - did they stamp anything in your passport?)

I believe the clock starts when you trigger the ban.

You should consider talking to a lawyer.

[spookyturtle 9,465]

You are barred for 3 years due to the overstay. You will not be eligible for a tourist visa. In order to get a waiver for the K-1 visa, you must prove extreme hardship to the US citizen if the alien is not allowed to return to the US. The entire process from K-1 filing, to denial at K-1 interview, to submitting waiver and awaiting a decision is at least a year, and probably longer. You are getting close to the point where you should consider waiting out the ban, unless there is a charge of misrepresention for using another passport. I would definitely do a consult with a good immigration lawyer before I did anything. I believe the time for the ban will begin with your denied entry is Sept.

[mrspimpinha 0]

They did stamp my passaport with 2 charges : 212 9 B... for the overstayed and 212 7 A.... for "missing documents". Something like that.

I dont know even if I was deported or I just had my entrance denied. I am ok with waiting 2 more years ( actually I just checked my passport and I got my entrance denied in Jully, not in September as I said before).I was just wondering if I could try turism visa (or apply for a waiver) for now, so we could see each other more often, since is really hard for him to come to visit me, and I have more flexibility to visit him, because of my job.

I was also wondering if even after the 3 years ban is over, if its going to be hard for me to get a turism visa, because they gave it to me once and I screwed up. And I also dont know if I would be able to be eligible for the Waiver Visa Program with the Italian passaport. Should I consider that I would never be able to get back to USA with a turism visa?

If I try a student visa ( I am really interest on taking fashion classes in New York) would be easier??

[canadian_wife 1,791]

You are not eligible for a tourist visa because you have a ban from the United States, you can apply but it will be a waste of money, I am not even sure if I-601's are used for tourist visas since the I-601 is typically filed by a spouse or fiance and shows how the USC will have extreme hardship if you do not join them in the US - that doesn't really apply for tourists since a tourist visa is for visiting anyway. After the ban, since you have shown that you overstay visas, it will also be unlikely for you to be admitted into the US right after the ban is over. Maybe a few years later after however. The ban started from the day you left the US...so I guess July in your case.

Are you applying for the K-1 or the CR-1?

[baron555 934]

Have your boyfriend come to you.

[emt103c 10]

There is a waiver for a tourist visa. It is called a d3 waiver. Not sure if you would be approved for it given the circumstances. . .

The attempted entry may end up being your biggest trouble. Were you given any other paperwork besides the stamp in your passport? It does not sound like she's been charged with Misrepresentation (because it was her passport and that code is not one of the ones written as a "charge.")

The 3 year ban starts from you exit date from the United States, however, if they gave you an expedited removal, that's an entirely different ban. . .which is why I ask about other paperwork.

[mrspimpinha 0]

There is a waiver for a tourist visa. It is called a d3 waiver. Not sure if you would be approved for it given the circumstances. . .

The attempted entry may end up being your biggest trouble. Were you given any other paperwork besides the stamp in your passport? It does not sound like she's been charged with Misrepresentation (because it was her passport and that code is not one of the ones written as a "charge.")

The 3 year ban starts from you exit date from the United States, however, if they gave you an expedited removal, that's an entirely different ban. . .which is why I ask about other paperwork.

NO, they didnt give me any paperwork. I got there, they asked me so many questions, I took that picture with the webcam, some finger prints, they stampped my passport and sent me back to Europe ( I was living in Italy by that time).

How do I apply for the d3 waiver?

You made my day telling me that there is a waiver for a turist visa.

[canadian_wife 1,791]

GAH! The D3 - thanks EMT!

Sorry, the D3 waiver can be applied for at the consulate in your country. They way many things when considering your waiver - the reason for your inadmissability, the likelihood of another overstay, the reason for you going to the US.

My concern with you is - your reason for going is to visit your boyfriend...which was also the same reason for the overstay which resulted in your inadmissability in the first place.

Certainly worth a try. Go to the US consulate page for your country and look up how to apply.

Good luck.

[mrspimpinha 0]

GAH! The D3 - thanks EMT!

Sorry, the D3 waiver can be applied for at the consulate in your country. They way many things when considering your waiver - the reason for your inadmissability, the likelihood of another overstay, the reason for you going to the US.

My concern with you is - your reason for going is to visit your boyfriend...which was also the same reason for the overstay which resulted in your inadmissability in the first place.

Certainly worth a try. Go to the US consulate page for your country and look up how to apply.

Good luck.

Are you sure is D3 Waiver? I have been searching all day and I cant find anything about it on the consulate and I cant find anything. Not even on http://www.uscis.gov. Could you guys help me with that, please?

Thanks sooo much

[emt103c 10]

Dan Green, an attorney from New York is supposed to specialize in these. You can find his website here.

Also check out these links from I2US. . . .they explain quite a bit.

http://immigrate2us.net/forum/showthread.php?t=21780

http://immigrate2us.net/forum/showthread.php?t=314

[spookyturtle 9,465]

Dan Green, an attorney from New York is supposed to specialize in these. You can find his website here.

Also check out these links from I2US. . . .they explain quite a bit.

http://immigrate2us.net/forum/showthread.php?t=21780

http://immigrate2us.net/forum/showthread.php?t=314

Suppose someone is granted the D3 waiver and comes to the US and gets married. Are they able to adjust status without leaving the country? What happens if they overstay again? Is it commonly granted? Is it a long process like an immigrant visa waiver? I am only asking out of curiosity as I never knew of this waiver when my wife and I went thru the waiver process.

[Boiler 43,676]

Dan Green, an attorney from New York is supposed to specialize in these. You can find his website here.

Also check out these links from I2US. . . .they explain quite a bit.

http://immigrate2us.net/forum/showthread.php?t=21780

http://immigrate2us.net/forum/showthread.php?t=314

Suppose someone is granted the D3 waiver and comes to the US and gets married. Are they able to adjust status without leaving the country? What happens if they overstay again? Is it commonly granted? Is it a long process like an immigrant visa waiver? I am only asking out of curiosity as I never knew of this waiver when my wife and I went thru the waiver process.

In this case I have my doubts, but there is only that application fee at risk

Ditto Student Visa.

No stats are available.

It is only for non immigrant visa's, immigrant visa's you know about.

[emt103c 10]

Suppose someone is granted the D3 waiver and comes to the US and gets married. Are they able to adjust status without leaving the country? What happens if they overstay again? Is it commonly granted? Is it a long process like an immigrant visa waiver? I am only asking out of curiosity as I never knew of this waiver when my wife and I went thru the waiver process.

I think that because they are applying for a visa and being granted the waiver. . .especially a discretionary waiver. . .if they lie and then get married when they get here. . .there is no chance in the world that they wouldn't be charged with Misrepresentation and given a lifetime bar. I also think that even though they would be eligible for a waiver, it would be next to impossible to get because it would be so obviously intentional Misrepresentation. There would be waaaaay too much documentation showing they had proven non-immigrant intent.

If she does get the waiver, it would be crazy not to do EVERYTHING from here on out legally.

The non-immigrant waiver is a much shorter process and only requires a letter and proof of non-immigrant intent. . .

Edited April 24, 2009 by emt103c

[canadian_wife 1,791]

D3 visas are not simply given away for those with a 3 year ban. There typically has to be weighty circumstances going on in the US to be granted the waiver in the first place. Upon entry, they are likely given a limited stay upon if they overstay, they can be deported. A deportation on top of an inadmissability charge is serious business. Plus, I am sure they are not eligible for adjustment of status anyway.