212 d3 waiver tied with student visa application

[Sdot 0]

Hi, I'll try give a brief explanation on my situation as possible. My parents, brother and I move to the states when I was 8 and my brother 9 on a visitors visa. We overstayed for around 12 years. During those years, 2 petitions were in process, one from my uncle and the other from my grandparents. My uncle petition came through in 2007 and a interview date was given in our home country. So my parents and I left America for the interview, which attracted a 10 year ban. My brother stayed in the states because his name was not requested due to his age. A few years later my grandparents petition came through and a hardship waiver was filed with that case. Hardship waiver was successful and my parents migrated back to states. Unfortunately I passed the age and was not applicable. I currently work and attend university in my home country. However I find it more benifitiary if I completed my studies in the states due to several factors. I understand that a 212 d3 waiver would make this possible if tied with a student visa application but I'm not sure on the steps or on what the waiver package should be consisted of. Is there anyone who can give me some advice about this waiver?

[Boiler 43,397]

You apply in the normal manner, showing adequate funds, I 20, ties to Jamaica.

If you are approved otherwise then the Consulate will recommend a waiver for you, there are no forms as such to fill in.

When are you looking to start your studues? Do you have an I 20?

[Jawaree 717]

Why not have your parents petition U? You can apply for student visa,

and a letter stating why you are requesting a D3 waiver...the thing is

you have to overcome immigrant intent with this waiver & the CO has

to be in agreement to recommend....however USCIS law states the

request should be put forward by a CO even if not in agreement, but

usually un-recommended D3 gets denied at the board agreeing with CO.

Those recommended is approved 98% of the time. There is no forms for D3

but the interview is minutes & U would need to get that out to CO in the

first few seconds, its hard to prove no immigrant intent having lived in the

States yrs, strong family ties here previous immigrant petition etc

I say still try you may just be successful you were a minor when U were taken

here

I know of ppl getting D3 with a tourist visa app. then get the F1 here

Edited May 14, 2015 by Jawaree

[Sdot 0]

I intend to start spring 2016 /summer 2016 and I don't have a I-20 as yet.

As for parents filing for me, they were advised to wait till the ban is up and then put in the petition. At that time they will be citizens and the process much smoother. I'm not even sure if that's true but I can't forced them to do it so I just leave it alone.

[canadian_wife 1,785]

First question, when is the ban up?

A waiver for a student visa will be difficult, especially with such strong ties to the US. Have you consulted a lawyer?

good luck

[Sdot 0]

Ban is up November 2017, and yes there is strong ties to the US seeing that all my family is there. But it is a genuine request just not sure of how I will proved that I don't have a immigrant intent.

[Sdot 0]

I have consulted a few lawyers and basically they are saying it is possible. One in particular suggested I should try the b1/b2 vs the f1 as it would be easier to get approve, but I still want to attend school

[Jawaree 717]

Yep, as I told you visitor visa then apply here for F1, get ties to school

and if you have anything in your name lease, contract etc...I know for

a young unmarried person its hard but I suggest U try the B1/2, its

for a young unmarried person but very doable, just stay positive.

You must make mention of your letter for D3 ....you or atty can write

and U take it to interview, it does not guarantee a yea, but neither a nay.

Yes it goes much faster if your parent petition you after becoming USC

Atty Heather Poole is great with D3 waiver ....U can call her for free consult )I think)

Edited May 15, 2015 by Jawaree

[jan22 2,897]

I have consulted a few lawyers and basically they are saying it is possible. One in particular suggested I should try the b1/b2 vs the f1 as it would be easier to get approve, but I still want to attend school

Don't add to your problems by playing around with a possible charge of fraud and misrepresentation. IF your intent is to enter the US to study,apply for the studnt visa. To try for a visitor visa and then seem to change status to a student invites questions and increased scrutiny of your case. Plus, they both require you to prove you do not have an immigrant intent, so one is not really easier to get than the other in a case like yours.

And, not to be mean or anything, but IMO the chance of you overcoming the presumption of immigtation (Section 214b) is really, really slim. IF you don't overcome 214b, and discussion of a waiver is moot, since you have to be eligible for the visa under all other sections of the law to even pursue a waiver. Even if the waiver was approved, if you are ineligible under 214b, you will not get a any non-immigrant visa.

Edited May 17, 2015 by jan22

[Boiler 43,397]

B would require a waiver then a F would require a waiver, so go for the one you want, they do not transfer.

[Sdot 0]

Thanks for your honest opinion.

[Jawaree 717]

Guy who left here, was taken to US a child ...he applied for B1/2 & waiver as his

atty suggest then changed to F1, he got the D3 request approved after 10 mths

(it can take a while) he transfer it to F1 legally in the USA (all his family is here)

Its nothing FRAUD about it like the atty told you, legally it can be done. Guy just marry

his high school G/F I think the facts shouls be posted and not just what one thinks is

fraud...I don't think an atty would recommend fraud ....this is a help forum ...still any

answers here must be checked with a licensed atty.

His waiver atty is one of the best

Edited May 17, 2015 by Jawaree