Overstay turist visa

[soshelp 0]

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!!

[Ryan H 3,790]

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

[S_R 148]

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.

[Noah Lot 387]

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.

[momof1 205]

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.

[soshelp 0]

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!! +)

[Brother Hesekiel 2,235]

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.

[Harpa Timsah 13,258]

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.

[jaycali 415]

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 February 29, 2012 by jhsm85

[Deputy Purple 1,294]

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.

[Boiler 43,436]

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.

[Wizzle 41]

.. 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.