B1/B2 Visa overstayed 187 days

[roseofsharyn 1]

Hello guys,

 

I entered the United States last year in November to do a volunteer year. I was admitted as a b2 nonimmigrant visitor which expired 6 months later in May. I filled out form I-539 late March/early April and sent it to my organization who said they would file the form for me and pay whatever fees where necessary. I stayed in the United States till the beginning of December. It resulted in an overstay of approximately 187 days because I thought that I was given an extension of stay since I did not hear back from on whether my application was approved or denied. When I tried to re-enter the United States in the beginning of January to fulfill my volunteer year with another 6 months my visa has been refused to enter the United States and withdrawn my application. So I was being sent home and told that I have to apply for a new visa and I would need a waiver to overcome my Inadmissibility of overstaying. So I filled out my new visa application and went to my nearest consulate in Germany. They accepted my case and said they’ll file a waiver for me. My question now would be is it possible that I will get an fast answer? I saw on every website that a waiver application takes usually 4-6 months maybe even longer to get approved cause if this process takes so long it wouldn’t be worth for me to lose 6 months to come back to the United States. I know that the waiver is a complex and tough thing to get but what are my chances to get fast approved? 

[Khallaf 646]

30 minutes ago, roseofsharyn said:

Hello guys,

 

I entered the United States last year in November to do a volunteer year. I was admitted as a b2 nonimmigrant visitor which expired 6 months later in May. I filled out form I-539 late March/early April and sent it to my organization who said they would file the form for me and pay whatever fees where necessary. I stayed in the United States till the beginning of December. It resulted in an overstay of approximately 187 days because I thought that I was given an extension of stay since I did not hear back from on whether my application was approved or denied. When I tried to re-enter the United States in the beginning of January to fulfill my volunteer year with another 6 months my visa has been refused to enter the United States and withdrawn my application. So I was being sent home and told that I have to apply for a new visa and I would need a waiver to overcome my Inadmissibility of overstaying. So I filled out my new visa application and went to my nearest consulate in Germany. They accepted my case and said they’ll file a waiver for me. My question now would be is it possible that I will get an fast answer? I saw on every website that a waiver application takes usually 4-6 months maybe even longer to get approved cause if this process takes so long it wouldn’t be worth for me to lose 6 months to come back to the United States. I know that the waiver is a complex and tough thing to get but what are my chances to get fast approved? 

well I hate to be a kicker in the butt, but there is nothing fast, nor easy about getting a visa, and the likely chance that your waiver is going to be approved is slim, since you already overstayed on a visa once, unless you have say a spouse in the USA that you were going to be immigrating on a permanent basis, the chance they will give you another visit visa after in overstay isn't good, so I would say don't hold your breath.

[Boiler 43,401]

As the Consulate have recommended you for a waiver I would expect it to be approved.

 

Fast is another matter. That would be extremely unlikely.

[Roel 7,191]

Why did you even think you can go to do valunteering work for a whole year in the USA, using a tourist visa?

 

Sorry not sorry, your chances of ever getting a b2 visa are less than 1%. And even if you get it I bet they will not admit you on the border anyway. 

 

I bet you didnt mention on your first b2 application that you're planning on volunteering for a year either. That's another issue. 

 

Some people... 

[HonoraryCitizen 179]

52 minutes ago, Boiler said:

As the Consulate have recommended you for a waiver I would expect it to be approved.

 

What is the basis of this confidence? Any statistics? Or simply because the consulate recommended they apply for one?

 

Edited January 15, 2019 by HonoraryCitizen

[roseofsharyn 1]

33 minutes ago, Roel said:

Why did you even think you can go to do valunteering work for a whole year in the USA, using a tourist visa?

 

Sorry not sorry, your chances of ever getting a b2 visa are less than 1%. And even if you get it I bet they will not admit you on the border anyway. 

 

I bet you didnt mention on your first b2 application that you're planning on volunteering for a year either. That's another issue. 

 

Some people... 

It was recommended from my organization that I would need a b1/b2 visa because volunteering doesn’t count as a job. That’s not correct I had an invitation letter which said that my purpose of volunteering was for 1 year however I still granted a stamp for only 6 months which is not something unusual for this visa

[HonoraryCitizen 179]

1 hour ago, roseofsharyn said:

They accepted my case and said they’ll file a waiver for me. My question now would be is it possible that I will get an fast answer? 

I am curious, which waiver is this? What is the name of the waiver and Form number? Honestly I fail to see what waiver you qualify for after reading the qualification criteria for the various type of waivers.

 

i am inclined to think the consular at the embassy was just blowing air up your backside. They sometimes do that.

Edited January 15, 2019 by HonoraryCitizen

[roseofsharyn 1]

1 hour ago, Khallaf said:

well I hate to be a kicker in the butt, but there is nothing fast, nor easy about getting a visa, and the likely chance that your waiver is going to be approved is slim, since you already overstayed on a visa once, unless you have say a spouse in the USA that you were going to be immigrating on a permanent basis, the chance they will give you another visit visa after in overstay isn't good, so I would say don't hold your breath.

I already knew that but I thought it might be good to ask if somebody ever had that luck to be approved really fast. The officer at the airport told me that I should give it a try so I’m still hoping for the best. thank you for your answer!!

[Khallaf 646]

2 minutes ago, roseofsharyn said:

I already knew that but I thought it might be good to ask if somebody ever had that luck to be approved really fast. The officer at the airport told me that I should give it a try so I’m still hoping for the best. thank you for your answer!!

who is filing this waiver for you? the US embassy? 

[roseofsharyn 1]

1 minute ago, HonoraryCitizen said:

I am curious, which waiver is this? What is the name of the waiver and Form number? Honestly I fail to see what waiver you qualify for after reading the qualification criteria for the various type of waivers.

I honestly don’t really know but I assume it has to be the I-601 because I overstayed 187 days which is more than 180 days but less than a year. At the confirmation email from the consulate they told me they’ll file a waiver for me.

Just now, Khallaf said:

who is filing this waiver for you? the US embassy? 

The U.S consulate in Germany (Munich) 

[Khallaf 646]

2 minutes ago, roseofsharyn said:

I honestly don’t really know but I assume it has to be the I-601 because I overstayed 187 days which is more than 180 days but less than a year. At the confirmation email from the consulate they told me they’ll file a waiver for me.

The U.S consulate in Germany (Munich) 

so when you went in for the interview did they tell your visa was approved, or did they tell you they will file a waiver?

 

a waiver can be approved but the visit visa can still be denied.

 

and to be honest I have read people have a 601 waiver approved but still denied a CR1 visa, you asking for a visit visa, so likely end result will still be a denial

Edited January 15, 2019 by Khallaf

[HonoraryCitizen 179]

1 minute ago, roseofsharyn said:

I honestly don’t really know but I assume it has to be the I-601 because I overstayed 187 days which is more than 180 days but less than a year. At the confirmation email from the consulate they told me they’ll file a waiver for me.

The U.S consulate in Germany (Munich) 

You don’t qualify for I-601. Read the instructions below. Unless I am missing something because you’re applying for a B nonimmigrant visa. 🤔

 

Quote

If you are an applicant for an immigrant, K, or V nonimmigrant visa (and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found inadmissible,) or you are an applicant for adjustment of status to lawful permanent residence (excluding adjustment categories listed below,) you may file this application to obtain relief from the following grounds:

 

[roseofsharyn 1]

4 minutes ago, Khallaf said:

so when you went in for the interview did they tell your visa was approved, or did they tell you they will file a waiver?

 

a waiver can be approved but the visit visa can still be denied.

 

and to be honest I have read people have a 601 waiver approved but still denied a CR1 visa, you asking for a visit visa, so likely end result will still be a denial

At first they told me they need more clearance but 2 hours later I received an email which said they approved my case and will file a waiver 

[Khallaf 646]

1 minute ago, roseofsharyn said:

At first they told me they need more clearance but 2 hours later I received an email which said they approved my case and will file a waiver 

well if that is really true you should be lucky, however I wouldn't be hopefully they could very well change their mind.

[roseofsharyn 1]

3 minutes ago, HonoraryCitizen said:

You don’t qualify for I-601. Read the instructions below. Unless I am missing something because you’re applying for a B nonimmigrant visa. 🤔

 

 

Okay thank you very much!! I’m sorry but I’m not really familiar with this whole process. I just want clearance and answers what I have to expect.