question regarding 221g after interview

[Rosey 1]

hey everyone,

I had an interview on oct 19 and the interview went very well but the consular office said that i need a waiver because i overstayed. so she gave us a sheet in which she marked that

=Section 22 1(g) which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the Immigration and Nationality Act or regulations issued pursuant thereto. The following remarks apply in your case:*

9B1 overstay, needs approved 1-601 waiver

=Other send in valid Canadian Passport

basically, now i have to send waiver with my passport to montreal embassy and then they will send me a visa ...right. do you guys think I am on the right track?

my daughter is US citizen so do my hubby and I am living in Canada with my daughter from last 9 months. I hired an attorney and they are saying that everything is done and now u just have to send a waiver with passport.

[Used to be broken 143]

hey everyone,

I had an interview on oct 19 and the interview went very well but the consular office said that i need a waiver because i overstayed. so she gave us a sheet in which she marked that

=Section 22 1(g) which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the Immigration and Nationality Act or regulations issued pursuant thereto. The following remarks apply in your case:*

9B1 overstay, needs approved 1-601 waiver

=Other send in valid Canadian Passport

basically, now i have to send waiver with my passport to montreal embassy and then they will send me a visa ...right. do you guys think I am on the right track?

my daughter is US citizen so do my hubby and I am living in Canada with my daughter from last 9 months. I hired an attorney and they are saying that everything is done and now u just have to send a waiver with passport.

No its a little more serious than you describe. The Department of Homeland Security will adjudicate the waiver, after the consulate collects the money and your packet they will forward to the office in Montreal. If you prove extreme hardship they can decide to exercise favorable discretion to recommend to the consulate section to go ahead and issue the visa. Its a difficult endeavor, and you must understand the requirements for the waiver to prevail.

I am a bit confused, who is the qualifying relative, your spouse a US Citizen or your daughter?

Suggest you see the research links that I set up in the forum for a better understanding of what you need to submit, its much more than a form and your passport. You have to prove that is is an extreme hardship to have to live separated from your qualifying relative. Make sure the lawyer you hired is a specialist in I601 preparation.

How long did you overstay? Do you have a 3 year or a 10 year bar? How long have you been out of the US?

Edited December 8, 2010 by brokenfamily

[Used to be broken 143]

hey everyone,

I had an interview on oct 19 and the interview went very well but the consular office said that i need a waiver because i overstayed. so she gave us a sheet in which she marked that

=Section 22 1(g) which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the Immigration and Nationality Act or regulations issued pursuant thereto. The following remarks apply in your case:*

9B1 overstay, needs approved 1-601 waiver

=Other send in valid Canadian Passport

basically, now i have to send waiver with my passport to montreal embassy and then they will send me a visa ...right. do you guys think I am on the right track?

my daughter is US citizen so do my hubby and I am living in Canada with my daughter from last 9 months. I hired an attorney and they are saying that everything is done and now u just have to send a waiver with passport.

IF the ground of inadmissibility is for prior unlawful presence , THEN the qualifying relative is a US Citizen or Lawful Permanent Resident spouse or parent.

[Rosey 1]

thanks for ur reply

my husband is US citizen and he applied for my immigrant visa. my daughter is US citizen too. there were some difficulties in my pregnancy so i had to stay there for 8 months. i dont know about bar...for eg. how long...I have been out from the US around 9 months.

[Sergi9 110]

thanks for ur reply

my husband is US citizen and he applied for my immigrant visa. my daughter is US citizen too. there were some difficulties in my pregnancy so i had to stay there for 8 months. i dont know about bar...for eg. how long...I have been out from the US around 9 months.

You can calculate your bar by how long you overstayed. If its more than 180 days the bar is 3 years if longer than a year its 10 year bar. did you talk to an attorney?

[Rosey 1]

You can calculate your bar by how long you overstayed. If its more than 180 days the bar is 3 years if longer than a year its 10 year bar. did you talk to an attorney?

really!!! i talked to my attorney and they said that my case will be k...and consular officer said the samething..she didn't mention abt any bar.

[Penguin_ie 5,984]

really!!! i talked to my attorney and they said that my case will be k...and consular officer said the samething..she didn't mention abt any bar.

The CO may not have used the word bar, but they did bring up the topic- that is what the waiver is for.