I cant find the info for the waiver

[sowens 0]

OK so I know that I asked a few weeks back if we will need a waiver, but I didnt get a very clear answer. Anyways, I think that I read somewhere that if you overstay 180 or less days you dont need a waiver, if your overstay is more than 180 days you need a waiver. Can anyone point me in the direction where I can read this? My husband has an overstay but it is less than 180 days. I just want to be on the mark and have all documents ready just in case. Thanks in advance

Sherry

[irishgirl73 0]

I will try to find a link for you(someone should have it somewhere).

I am 99% sure that you will NOT need to file a waiver for an overstay of less than 180 days!

hang on-someone will verify

[Baileyj96 0]

there is a link now in the pinned guide but I think this is the section you want.

(B) ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(B)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

(II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.

(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

(IV) Battered women and children.-Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if "violation of the terms of the alien's nonimmigrant visa" were substituted for "unlawful entry into the United States" in subclause (III) of that paragraph.

[sowens 0]

Thanks Colleen and Bailey! By the looks of it we dont need a waiver since it was less than 180 days. If I missread it hopefully someone will correct me. Thanks again!

Sherry

[irishgirl73 0]

I don't think you need one

[sowens 0]

Yeah by what I have seen and by what some very friendly person explained to me in pm , We dont need one. What a relief!

Thanks again everyone!!!

Sherry