Is This Actually True?

[americankiwi 0]

Something I found on a website for Katy Strait Chavez:

"One important exception, though, is that the waiver CAN NOT be approved for any person that was in the US illegally for more than one year after 1997, and then left, and then returned again. There is no way at present for such people to get their residency."

So if someone overstays, leaves, goes back again on 2 seperate occassions just for visists but remains in their home country, they can NEVER file a waiver or get residency?

[bbintoh 0]

This is not true in my view. some one will correct me if I am worng or contribute more to it but I doubt it.

[kitkat1 5]

Something I found on a website for Katy Strait Chavez:

"One important exception, though, is that the waiver CAN NOT be approved for any person that was in the US illegally for more than one year after 1997, and then left, and then returned again. There is no way at present for such people to get their residency."

So if someone overstays, leaves, goes back again on 2 seperate occassions just for visists but remains in their home country, they can NEVER file a waiver or get residency?

Yes this is true. If a person had more than one illegal entry into the US post 1997 and stayed in the US for more than 6 months each time, they are ineligible for a waiver. It may be that they can reapply after a ten year ban - this is something you would have to confirm with a lawyer. It appears that the law is written to "forgive" one-time illegal presence in the US, but multiple entries make a person not eligible. Again, confirm with a lawyer. Residency is a completely separate issue and once a person has been given a visa to the US, the normal process follows for residency.

[americankiwi 0]

quote]

Yes this is true. If a person had more than one illegal entry into the US post 1997 and stayed in the US for more than 6 months each time, they are ineligible for a waiver. It may be that they can reapply after a ten year ban - this is something you would have to confirm with a lawyer. It appears that the law is written to "forgive" one-time illegal presence in the US, but multiple entries make a person not eligible. Again, confirm with a lawyer. Residency is a completely separate issue and once a person has been given a visa to the US, the normal process follows for residency.

What if someone entered legally on vwp, overstayed and left, then entered again on 2 seperate occasions on the vwp for 3 weeks each time, is that person ineligable for a waiver?

[kitkat1 5]

quote]

Yes this is true. If a person had more than one illegal entry into the US post 1997 and stayed in the US for more than 6 months each time, they are ineligible for a waiver. It may be that they can reapply after a ten year ban - this is something you would have to confirm with a lawyer. It appears that the law is written to "forgive" one-time illegal presence in the US, but multiple entries make a person not eligible. Again, confirm with a lawyer. Residency is a completely separate issue and once a person has been given a visa to the US, the normal process follows for residency.

What if someone entered legally on vwp, overstayed and left, then entered again on 2 seperate occasions on the vwp for 3 weeks each time, is that person ineligable for a waiver?

I am not very familiar with the VWP but from what you have posted the time spent in the US on both occasions was only 3 weeks. This is under 180 days which is the point at which illegal presence normally begins to accrue but the rules *may*be different with VWP - I don't know. It appears that there will be no issue with multiple entries and you are waiver-eligible. While they will tell you at the interview if you are eligible, you will want to be well prepared, in advance. So I would consult with a qualified attorney like Laurel Scott - www.visacentral.net. She has a free chat on Wednesdays at 11:00 am central time and if you are lucky, you can post a question and she will provide the answer. You can also do a phone or email consult which I would highly recommmend to be sure you are clear on what you are facing and what the options are. Good luck.

[americankiwi 0]

I am not very familiar with the VWP but from what you have posted the time spent in the US on both occasions was only 3 weeks. This is under 180 days which is the point at which illegal presence normally begins to accrue but the rules *may*be different with VWP - I don't know. It appears that there will be no issue with multiple entries and you are waiver-eligible. While they will tell you at the interview if you are eligible, you will want to be well prepared, in advance. So I would consult with a qualified attorney like Laurel Scott - www.visacentral.net. She has a free chat on Wednesdays at 11:00 am central time and if you are lucky, you can post a question and she will provide the answer. You can also do a phone or email consult which I would highly recommmend to be sure you are clear on what you are facing and what the options are. Good luck.

yes it was for 3 weeks each time, but since the vwp rules were violated when he overstayed the first time did he technically enter legally under the vwp those other 2 visits? I just paid for a phone consultation with Laurel Scott so hopefully I will have alot of my questions answered soon! Thanks for the luck, we'll need it!