Jump to content
Theo RW

O1-B Approved, struggling with the DS-160

12 posts in this topic

Recommended Posts

Hello, 

I hope you all are doing great in this nerve-wrecking visa process. What an adventure it is...


I am seeking some advice, since I am really confused and struggling with an issue with my application: my O1-B visa application was recently approved by the USCIS, but now I am scheduling the corresponding interview at the consulate and I am struggling with the question "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?"

This is my information: 
I applied for an O1-b visa from the United States while on OPT (and D/S on my i-94), but the application was denied on March 23. The denial said that I (or better said, my petitioner) had 33 days to fill an appeal, or, otherwise, the decision would be definitive. My petitioner and I seriously considered the appeal, but finally discard that option. Thus, I left the United States on April 24, which means 32 days after the denial, and one day before the period to fill the appeal expired. I thought that during those 32 days I was not accruing unlawful presence, but apparently I was wrong and yes, accruing it. 
I moved to my country and re-applied again from there (France, where I currently am) and my petition was approved on December 1. I am filling the DS-160, where I have to answer the question above mentioned about overstaying. So, even if my overstay came from the explained circumstances of evaluating the possibility of filling an appeal (and thus

I think I had good reasons for my overstay), I am answering "yes". My questions come now:  there is a section stating that I can explain my answer; what should I write there? Or simply said, is my argument, even real, convincing enough so that I pass the interview? Should I come up with a different angle to answer that? And also, do you think that my overstay of 32 days is going to ruin my chances of being approved by the consular officer?
Thanks for taking the time to read and answer my question, I much appreciate it.

Best

Share this post


Link to post
Share on other sites

I am not sure you have an overstay but I hope you have dumped the Lawyer who was assisting you before and are now using a competent one.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Thanks for your answer, Boiler.


Yes, my previous lawyer was awful, and, instead of encouraging me to leave the country immediately after the denial, he told us (petitioner and me) to consider the appeal thing, which provoked the current situation of 32 days of overstay. 

 

However, I have to look forward (actually, my I-129 has been approved, unlike when we did it with the lawyer) and I don't want to lose the opportunity of passing the interview and getting the visa, since I think it's not a too high amount of time.

Any extra help would be welcome!

 

Thanks

Share this post


Link to post
Share on other sites

You are probably aware the petition is basically the start of the process, the in depth occurs at the interview.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

I did not know that.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
On 12/6/2018 at 4:29 PM, Theo RW said:

Thanks for your answer, Boiler.


Yes, my previous lawyer was awful, and, instead of encouraging me to leave the country immediately after the denial, he told us (petitioner and me) to consider the appeal thing, which provoked the current situation of 32 days of overstay. 

 

However, I have to look forward (actually, my I-129 has been approved, unlike when we did it with the lawyer) and I don't want to lose the opportunity of passing the interview and getting the visa, since I think it's not a too high amount of time.

Any extra help would be welcome!

 

Thanks

I would look in my emails to see if i could find proof that the lawyer said that. I would also seek legal advice I felt confident with to prepare for the interview

Share this post


Link to post
Share on other sites

Thanks for your answer, fs2439

 

That is a very good idea and I already am checking my inbox trying to find something.

Also, I already scheduled a consultation with an expert law firm so that I can prepare the "explain" box on the DS-160 and the interview

Share this post


Link to post
Share on other sites
On 12/10/2018 at 6:45 AM, fs2439 said:

I would look in my emails to see if i could find proof that the lawyer said that. I would also seek legal advice I felt confident with to prepare for the interview

Unfortunately, even if the lawyer said that, the applicant is still responible for his/her own actions and any consequences.  The good news is that, with it being 32 days, there is no ban for re-entering the US with another visa.  Just be sure you have all the facts (especially forms submitted and the dates) firmly in mind so you can explain everything during the vIsa interview.

Share this post


Link to post
Share on other sites
On 12/10/2018 at 2:52 PM, Theo RW said:

Thanks for your answer, fs2439

 

That is a very good idea and I already am checking my inbox trying to find something.

Also, I already scheduled a consultation with an expert law firm so that I can prepare the "explain" box on the DS-160 and the interview

Let us know how this goes. Wishing you luck

Share this post


Link to post
Share on other sites

Thanks everybody for your answers!

 

I just wanted to let you know that my visa has been approved and that I am ready to travel to the US again in a month or so.

 

Given the high standards that the USCIS has, the application/portfolio part seems to be the hardest one (mine was 1400 pages long, packed with high profile contracts, interviews, endorsements, etc.). So, when I went to the interview (worried by what I previously explained in this post), they totally understood my case and basically disregarded my concerns about the DS160, since they considered that my circumstances were "reasonable" (officer's own word).  The other questions were specific about my profession (where, when, etc.) and, besides the judgmental tone of the officer, everything went very well.

 

I am done with this and very happy about the outcome. Now, I hope I can help other people who are in similar cases!

 

Theo

 

 

 

Share this post


Link to post
Share on other sites
On 1/11/2019 at 1:45 PM, Theo RW said:

Thanks everybody for your answers!

 

I just wanted to let you know that my visa has been approved and that I am ready to travel to the US again in a month or so.

 

Given the high standards that the USCIS has, the application/portfolio part seems to be the hardest one (mine was 1400 pages long, packed with high profile contracts, interviews, endorsements, etc.). So, when I went to the interview (worried by what I previously explained in this post), they totally understood my case and basically disregarded my concerns about the DS160, since they considered that my circumstances were "reasonable" (officer's own word).  The other questions were specific about my profession (where, when, etc.) and, besides the judgmental tone of the officer, everything went very well.

 

I am done with this and very happy about the outcome. Now, I hope I can help other people who are in similar cases!

 

Theo

 

 

 

Thanks for your reply! Congratulations!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×