IR-1 / CR-1 Spouse Visa

[pushbrk 13,611]

So, what youre saying is that they can ban me 10 years for entering the US. Well I think that's just stupid, because I never committed any crime there. They should ban the ones who do crimes and not the ones who have family. They would be breaking family apart.

You are not banned for entering the USA. You entered legally. You are subject to a ban because you didn't leave when you were supposed to leave. If you stay six months too long, you have a three year ban. If you stay more than a year too long, you have a ten year ban. If you make a material misrepresentation in an immigration matter, you are subject to up to a lifetime ban.

They are not going to ignore your overstay. Obtaining a waiver is a legal matter. There is no guarantee of success. Success is far more difficult when the family has already demonstrated their comfort in living together outside the USA. You need just the right kind of immigration attorney to help you now. You can wait, but that will only cause a delay.

A positive attitude is great. Faith is great. I hope you are successful with your hardship waiver filing. BUT, there is no legal outcome from your now scheduled visa interview other than denial of the visa. A successful waiver process is the only way you overcome that denial.

Edited August 2, 2013 by pushbrk

[usa-brazil 0]

Visa overstay is a civil violation, not a crime.

Did you any experience with overstaying visa or have heard anything about it?