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Robin Mateje

IR1/CR Visa - Previous overstay

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The video says that for illegal entry or an overstay - a waiver is needed. I have been told by a lawyer that worked at London that the overstay can be forgiven on the day of the interview depending on the circumstances. Some say yes, some say no. Im confused, but getting prepared.

USCIS California Service Center - Expedited

09-SEP-2010 : Mailed I130 Petition to Chicago Lockbox.

16-SEP-2010 : Received NOA1.

24-SEP-2010 : Expedite: service request

05-OCT-2010 : Supporting documents sent to CSC.

16-OCT-2010 : RFE received.

19-OCT-2010 : RFE response received at CSC.

22-OCT-2010 : I130 Petition APPROVED.

30-OCT-2010 : NOA2 Received in Mail

NVC - Expedited

27-OCT-2010 : Case Number Assigned

02-NOV-2010 : Expedite request emailed to NVC

10-NOV-2010 : Expedite approved - Case forwarded to Consulate

12-NOV-2010 : Medical

US Embassy - Expedited

18-NOV-2010 : Packet 3 email received.

19-NOV-2010 : Emailed DS230, DS2001

30-NOV-2010 : Interview - 9am Denied: 3 year bar (overstay) - i601 Waiver filed with expedite request

01-DEC-2010 : MP requests assistance from US Ambassador

03-DEC-2010 : Waiver transferred from USCIS to DHS

11-DEC-2010 : Waiver Receipt notification dated 07-DEC-2010

20-DEC-2010 : VISA/Waiver Approved

22-DEC-2010 : Approval letter received

24-DEC-2010 : Passport collected by courier

10-JAN-2011 : CR1 Visa Issued by IVU London

11-JAN-2011 : Passport / Visa delivered.

18-JAN-2011 : POE: EWR (Newark, New Jersey)

17-FEB-2011 : Welcome Letter Arrived

19-FEB-2011 : Green Card I-551 Arrived

I-130 Mailing to Approval (incl. waiver): 102 Days

OCT 2012 : Applied for Removal of Conditions

DEC 2012 : Received NOA1 (GC extention letter)

18-JAN-2013 : Biometrics walk in approved and completed

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Congratulations, thats great news for you and your family - so the Embassy didnt mention your overstay - or was it forgiven?

Hello - nope, they did not mention it period. This was a CR1 Visa and the only questions they had and were concerned about was my relationship with my wife. This is awesome news for us.

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Hi, Im so pleased for you thats great news - and possibly great news for me too - as I have an overstay of just over 6 months. I hope i can share some of your luck - and thanks for posting your interview results too :thumbs:

USCIS California Service Center - Expedited

09-SEP-2010 : Mailed I130 Petition to Chicago Lockbox.

16-SEP-2010 : Received NOA1.

24-SEP-2010 : Expedite: service request

05-OCT-2010 : Supporting documents sent to CSC.

16-OCT-2010 : RFE received.

19-OCT-2010 : RFE response received at CSC.

22-OCT-2010 : I130 Petition APPROVED.

30-OCT-2010 : NOA2 Received in Mail

NVC - Expedited

27-OCT-2010 : Case Number Assigned

02-NOV-2010 : Expedite request emailed to NVC

10-NOV-2010 : Expedite approved - Case forwarded to Consulate

12-NOV-2010 : Medical

US Embassy - Expedited

18-NOV-2010 : Packet 3 email received.

19-NOV-2010 : Emailed DS230, DS2001

30-NOV-2010 : Interview - 9am Denied: 3 year bar (overstay) - i601 Waiver filed with expedite request

01-DEC-2010 : MP requests assistance from US Ambassador

03-DEC-2010 : Waiver transferred from USCIS to DHS

11-DEC-2010 : Waiver Receipt notification dated 07-DEC-2010

20-DEC-2010 : VISA/Waiver Approved

22-DEC-2010 : Approval letter received

24-DEC-2010 : Passport collected by courier

10-JAN-2011 : CR1 Visa Issued by IVU London

11-JAN-2011 : Passport / Visa delivered.

18-JAN-2011 : POE: EWR (Newark, New Jersey)

17-FEB-2011 : Welcome Letter Arrived

19-FEB-2011 : Green Card I-551 Arrived

I-130 Mailing to Approval (incl. waiver): 102 Days

OCT 2012 : Applied for Removal of Conditions

DEC 2012 : Received NOA1 (GC extention letter)

18-JAN-2013 : Biometrics walk in approved and completed

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Filed: Other Timeline

There seems to be a lot of confusion. Let me clear this up.

When you left the US after years of overstay, you triggered a 10-year bar from entering again. This bar can be overcome with an I-601 waiver, although it's hard to come by. The only reason why the overstay didn't come up is because the D/S didn't trigger the bar as any concrete date would have. In English, they didn't realize you overstayed . . . to this day.

Draw your own conclusion and plan your further strategy accordingly.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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