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Overstay turist visa

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Hi everybody! I over stayed in the US on a turist visa. Now I am in my country but I want to apply for a visa but I need to file a waiver but I dont know what form is it. Can somebody please help me? Thank you so much for the help!!

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Are you wanting to apply for another tourist visa or some other type of visa? Please specify.


Our journey:

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September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Hi everybody! I over stayed in the US on a turist visa. Now I am in my country but I want to apply for a visa but I need to file a waiver but I dont know what form is it. Can somebody please help me? Thank you so much for the help!!

How long did you over stay...we need to know this piece of information before any valid answer can be provided.


....All your Negative Energy Feeds Cancer!


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Hi everybody! I over stayed in the US on a turist visa. Now I am in my country but I want to apply for a visa but I need to file a waiver but I dont know what form is it. Can somebody please help me? Thank you so much for the help!!

Before you could ask for a waiver, you would first have to be qualified in ALL respects for the visa you are requesting. If, for example, you are asking for another tourist visa, the VO will likely want to know why you didn't respect the terms of the last visa you were given....and if you are denied under 214b, there is NO waiver for that section of law. If by some fluke you overcame 214b and still had some other ineligibility, then you could ask for a waiver, with NO guarantee it will be approved.

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There is a non immigrant waiver under section 212d3 but it would be recommended by the CO once you satisfy the requirements for the tourist visa. Having said that, it's very difficult with a previous overstay. If you're filing a waiver of inadmissibility based on an approved I-130 or K1 then you would file form 601 waiver of inadmissibility. The filing fee is $585. It's much more than simply filing a form though. Please give us some details about your case and then we may be able to help. I do dare to say that if you don't even know what form to file then you probably want to get a lawyer if you don't have one already. I know there are many people that file waivers pro se but this isn't usually a do it yourself immigration situation.


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Hi guys! thank you for the prompt respond. I am new in VJ so I really dont know how does every thing works here, I hope im doing good! Back to the subject...I always had a turist visa since I was 4 years old. On 2000 I arrived to the US on my turist visa and applied for 1 year extention, it was granted during that year I applied for political asylum and it was never granted or denied, I was in this process for 4 years.

I married my bf, he was a permanent resident and because he was not a US citizen my lawyer said I had to go back to my country (Colombia) and wait until he was a citizen and then come back with a spouse visa. So I did volutatary departure, mean while I was still married and with my new process....My husband and I got divorce. After all this time I have been living in Colombia and now I would love to visit my family in Connecticut, I applied for a turist visa in Bogota embassy and it was denied. Two days ago I called a lawyer and explained to him my situation and he said I had to file a waiver because if my political asylum was never denied or granted and this was considered an overstay due to the fact that I never had an immigration status. What do you gusy think? and what is the exact form I have to file? I went to the USCIS page and there are 2 kinds of waivers, I dont know which one is. What do you guys think about all this? Thank you so much for the help and time!! +)

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I think you will never be able to obtain an non-immigrant visa to the United States again as long as you live. The only way for you to ever set foot on U.S. soil again is based on an approved I-130 petition from your new U.S. citizen husband, and only that in 2015 or later based on the 10-year bar you triggered when leaving.


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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You said under oath that if you go back to your country you will die or suffer severe bodily harm, yet you did Voluntary Departure back to your country? USCIS does not like frivolous asylum cases.


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8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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I you get married to a US citizen, you may qualify for an "extreme hardship" waiver of the 10 year bar, but those are no easy process. Your husband would have to prove extreme hardship to himself if you can't live in the US, and he has to thoroughly explain and document why he absolutely cannot live in Colombia.

I'm afraid that's the only way. As Harpa said, claiming asylum, and then voluntarily going back is a bad idea. When you claim asylum, you are telling the US government that you have an immediate fear of death, torture or persecution if you return to Colombia. Returning voluntarily completely contradicts that claim.

Edited by jhsm85

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Your bigger problem is probably the Asylum Claim that you abandoned.

While the claim is processing you are granted EAD and are not subject to deportation, why would you abandon the Asylum Claim?

It's quite possible that USCIS has flagged your file for a frivolous or even false Asylum Filing as a result of your abandoning the case and returning to your country.

If you left simply because of the Lawyer's statements then that Lawyer screwed you big-time. You entered the US Legally so if you remained in the US until your then husband naturalized you could have Adjusted Status within the US as the spouse of a US Citizen.

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Hi guys! thank you for the prompt respond. I am new in VJ so I really dont know how does every thing works here, I hope im doing good! Back to the subject...I always had a tourist visa since I was 4 years old. In 2000 I arrived to the US on my tourist visa and applied for 1 year extention, it was granted during that year I applied for political asylum and it was never granted or denied, I was in this process for 4 years.

I married my bf, he was a permanent resident and because he was not a US citizen my lawyer said I had to go back to my country (Colombia) and wait until he was a citizen and then come back with a spouse visa. So I did volutatary departure, meanwhile I was still married and with my new process....My husband and I got divorce. After all this time I have been living in Colombia and now I would love to visit my family in Connecticut, I applied for a tourist visa in Bogota embassy and it was denied. Two days ago I called a lawyer and explained to him my situation and he said I had to file a waiver because if my political asylum was never denied or granted and this was considered an overstay due to the fact that I never had an immigration status. What do you gusy think? and what is the exact form I have to file? I went to the USCIS page and there are 2 kinds of waivers, I dont know which one is. What do you guys think about all this? Thank you so much for the help and time!!

You can always apply for a B2 Tourist visa.

Realistically I suggest your relatives visit you.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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.. Upon your last departure which you over-stayed in The Us. You have already triggered on a ban. You are likely not to be approved a non-immigrant visa anytime soon. I don't think you qualify for a waiver for that, since you don't have a US citizen spouse. To be honest, there is no smooth/easy approach to this!

Good luck.


I-130 for " Chicago Lock-box "

 

 

 

Applying for my 2 children...

 

Sent I-130 to Chicago Lock-box

Sent on --- 08/29/2016

Received --- 08/31/2016

NOA 1 : 09/01/2016

Sent to : Potomac Service Center

NOA 2 : 01/03/2017

 

NVC:

 

Sent AOS & IV Packets:02/01/2017
Scan Date: 02/10/2017
Case Complete: 04/24/2017
Interview Date: **/**/****
Visa Approved: **/**/****
Visa In Hand: **/**/****

 

 

********************************************************************************************************

~"Our willingness to wait reveals the value we place on what we are waiting for..."~

~Charles Stanley~

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