I want to re-enter the US

[armalik25 0]

So if I do apply for a waiver in my case which waiver is most valid for me?

[belinda63 2,981]

Most likely any application for a waiver won't be approved. You overstayed and have a ban. Unless you can prove a pressing and imperitive need to return to the US now and can provided substantial proof that you will leave prior to the visa expiring, you will be denied.

[Hypnos 6,576]

You can try to apply for a waiver. You may need to be able to demonstrate a pressing reason for you to be admitted to the US ("I want to go" is unlikely to be sufficient) and substantial ties to your home country showing that you won't overstay again.

This might be worth a read: http://mikebakerlaw.com/blog/2012/12/06/non-immigrant-waivers/

Edited May 21, 2013 by Hypnos

[armalik25 0]

My major reason going back to the US is work related as many people from my office often travel to the US for business meetings and I am unable to as I know I will be denied the visit visa and due to this my progression is being limited.

[kzielu 1,147]

My major reason going back to the US is work related as many people from my office often travel to the US for business meetings and I am unable to as I know I will be denied the visit visa and due to this my progression is being limited.

That is your problem an hardship to you only (because of what you had done) and not to a UC citizen. As for no hope for next three years - unfortunately you may have a hard time ever getting bussiness / tourist visa, even when the ban is over. With history of overstay people ten to get denied for lack of ties to home country or immigrant intent.

[aaron2020 11,651]

My major reason going back to the US is work related as many people from my office often travel to the US for business meetings and I am unable to as I know I will be denied the visit visa and due to this my progression is being limited.

The hardship waiver requires a hardship to the US citizen (your brother). The hardship to you does not count.

[Harsh_77 716]

My major reason going back to the US is work related as many people from my office often travel to the US for business meetings and I am unable to as I know I will be denied the visit visa and due to this my progression is being limited.

That is not a good reason, you should have thought about that before you violated your visa condition.

Your progression is restricted is not a hardship to anyone or a reason why you should get a waiver.

Edited May 21, 2013 by Harsh_77

[Boiler 43,720]

If you have the support of your Employer and their Lawyers it must be worth a go.

[armalik25 0]

But if I do go ahead with this would you all recommend me doing it myself or should I hire an attorney who can fight the argument. The reason why I ask is I am in contact with a lawyer from Boston and she states that if she argues the case she would make a 15 page long evidence as to why I should be getting a waiver along with NIV waiver and I-212 but she is charging $2000. THAT’S A LOT OF MONEY.

Please let me know is it worth it or waste of money.

[Hypnos 6,576]

You weren't deported so there is no need for an I-212.

It sounds as if she is piling everything on to jack up her own fee.

[armalik25 0]

Yes I was not deported but I did have deportation orders on me in 2005 and in August 2006 I just packed up my bags and left the US. So what do you think I should be doing?

[Hypnos 6,576]

IANAL and it's beyond the scope of this DIY forum I would think.

Perhaps http://immigrate2us.net might be able to help.

[armalik25 0]

I have put my question on that forum as well but no help

[Boiler 43,720]

You have all the information, what you do is your call.

[Ben Thardunthat 4]

in order to get a waiver for a non immigrant waiver, you must first overcome 214 b, and no VO with any experience is likely to believe your story, having violated our laws in the past. Without overcoming 214b, you cannot even apply for a waiver. A lawyer cannot force the VO to 'reconsider' their decision....all that will happen after contacting some attorney is your wallet will be emptied. The VOs no longer care why you want to go to the US...you had your chance before, you demonstrated that having been given that privilege was a mistake, and the VOs won't repeat it again...there are lots of bona fide tourist/business visa applicants out there...you aren't one of them. Whose fault is that? Yep. Yours.

and hardship to some relative is NOT a consideration when (and if) seeking a non immigrant visa waiver...