Need Urgent help

[MEDIA 0]

My friend’s mother already applied for her non-immigrant visitor visa through the courier service and submitted her passport as well. She's been traveling to US since 1988 on visit visa without any problem or disturbance. She never overstayed on her visits, the last time she went to US in Nov 2000 she was allowed to stay for 6 months but she stayed for 11 months till Nov of 2001.

She needs some help with this issue when she will be called for an interview at the embassy. Her son is a USC since 2002 and recently sent her I-134, invitation letter, job letter, bank statements and copy of US passport. The invitation, job letter and the I-134 are notorized from here.

Now what do you guys think that what she suppose to excuse the consular officer if they bring this 5 months overstay issue and that was in Nov 2001 more than 5 years ago now.

Any Idea if she will be require to submit a non-immigrant visa application waiver or not. Please add/share your experiences, comments, advices and opinions as soon as possible; she will be going for an interview within weeks.

Thank you

[kitkat1 5]

My friend’s mother already applied for her non-immigrant visitor visa through the courier service and submitted her passport as well. She's been traveling to US since 1988 on visit visa without any problem or disturbance. She never overstayed on her visits, the last time she went to US in Nov 2000 she was allowed to stay for 6 months but she stayed for 11 months till Nov of 2001.

She needs some help with this issue when she will be called for an interview at the embassy. Her son is a USC since 2002 and recently sent her I-134, invitation letter, job letter, bank statements and copy of US passport. The invitation, job letter and the I-134 are notorized from here.

Now what do you guys think that what she suppose to excuse the consular officer if they bring this 5 months overstay issue and that was in Nov 2001 more than 5 years ago now.

Any Idea if she will be require to submit a non-immigrant visa application waiver or not. Please add/share your experiences, comments, advices and opinions as soon as possible; she will be going for an interview within weeks.

Thank you

The problem is she DID overstay. Waivers are only available based on qualifying relationship to a USC - either spouse or fiance. She has no relationship status to base the waiver and the fact that she overstayed on a previous visa pretty much guarantees that her new application will be denied.

[jula 0]

The problem is she DID overstay. Waivers are only available based on qualifying relationship to a USC - either spouse or fiance. She has no relationship status to base the waiver and the fact that she overstayed on a previous visa pretty much guarantees that her new application will be denied.

For a 5 month overstay, 3 year bar applys. She has been out of the US longer than that, so the bar is OVER. No need for waiver..

(...and, in addition to spouses, waivers are also available to the children of USC or PR)

[kitkat1 5]

http://travel.state.gov/visa/temp/types/types_1262.html#stay

Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status

It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status.

Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S.

Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized--even by one day--results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.

Since a waiver is not available to her based on a qualifying relationship, the 3 year ban (after 180 days of illegal presence) or the 10 year ban (after 365 days of illegal presence) doesn't come into play here. Her only option is to apply for a new visa and again, it's unlikely that she will get one since she previously violated the terms of her visa.

[jula 0]

I was too fast - 5 month overstay (less than 180 days) does not carry any ban.

Since a waiver is not available to her based on a qualifying relationship, the 3 year ban (after 180 days of illegal presence) or the 10 year ban (after 365 days of illegal presence) doesn't come into play here.

Are you saying that those who don't have a possibilty for a waiver, don't get ban? Normal turists who overstay? That's not my understanding. Who overstays, gets visa voided, and ban - depending on the lenght of overstay. Those who are lucky to have "qulifying relationship" may try to waive the ban...

Her only option is to apply for a new visa and again, it's unlikely that she will get one since she previously violated the terms of her visa.

I agree with that. But she may try...

[kitkat1 5]

Are you saying that those who don't have a possibilty for a waiver, don't get ban? Normal turists who overstay? That's not my understanding. Who overstays, gets visa voided, and ban - depending on the lenght of overstay. Those who are lucky to have "qulifying relationship" may try to waive the ban...

No . . . what I meant was there IS a ban but there is no waiver option in this case because there is no qualifying relationship. Even after waiting out the ban on a tourist visa, the likelihood of ever getting a new tourist visa is slim to none since the applicant has already violated the terms of a previous visa. She can certainly try, but it would make sense to know up front that it's pretty much a guarantee of throwing away the $100 application fee.

[lucy1979 0]

Any Idea if she will be require to submit a non-immigrant visa application waiver or not. Please add/share your experiences, comments, advices and opinions as soon as possible; she will be going for an interview within weeks.

Thank you

I found this information:

Non immigrant waivers

"Applicants for nonimmigrant visas, such as B1/B2, H-1B, L-1, or J-1 can apply for waivers of inadmissibility, and on that ground can be granted visas or admission to the U.S. A nonimmigrant waiver is applied for at a U.S. consulate in conjunction with a nonimmigrant visa application and no specific form is required. The standard of proof for a nonimmigrant waiver is often easier easier to meet than for an immigrant waiver. The following factors are considered in granting a nonimmigrant waiver:

Risk of harm to society if the applicant is admitted.

The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any.

The nature of the applicant’s reasons for wishing to enter the United States.

While a nonimmigrant waiver is easier to obtain, the drawback is that it is temporary. It is valid for a five year period but only authorizes nonimmigrant admissions. It does not authorize an alien to apply for permanent residence. Only the immigrant waiver can accomplish that".

http://www.usa-visas-brazil.com/extreme_ha...other_waive.htm

[Boiler 43,462]

I-192

Seem to remember the fee was $200, but a Google will find out.

Chances, slim, India is not that easy anyway. But you never know, I have seen them approved in very odd circumstances. The time elapsed helps.