Do I need a waiver

[MADE24 3]

Hello, 

I got in the United States in 2016 through an F1 visa unfortunately I dropped out of school that same year due to not being able to cope financially . My mom then proceeded to file for I 130 for me which got approved in 2019, we then proceeded for file for my i485 which was denied in 2021 

reasons:

because I was not in status when I filed for the adjustment of status.

 It was written on the letter that the decision was without prejudice for future applications with the appropriate Uscis office.

I was also told to file for a motion which I did but was also rejected because the evidence wasn’t strong enough.

I then decided to leave the United States to Canada but luckily for me I received a letter from the nvc if I wanted to further with them of which I accepted and had my case transferred from my home country to Canada.

They’re currently reviewing my documents. My question is that should I be worried their might be a need for a waiver or visa denial when it’s time for my interview ?

even though I never got any letter of removal or deportation or a court order to appear probably because I left before that could happen I’m so worried.

[SalishSea 17,920]

11 minutes ago, MADE24 said:

Hello, 

I got in the United States in 2016 through an F1 visa unfortunately I dropped out of school that same year due to not being able to cope financially . My mom then proceeded to file for I 130 for me which got approved in 2019, we then proceeded for file for my i485 which was denied in 2021 

reasons:

because I was not in status when I filed for the adjustment of status.

 It was written on the letter that the decision was without prejudice for future applications with the appropriate Uscis office.

I was also told to file for a motion which I did but was also rejected because the evidence wasn’t strong enough.

I then decided to leave the United States to Canada but luckily for me I received a letter from the nvc if I wanted to further with them of which I accepted and had my case transferred from my home country to Canada.

They’re currently reviewing my documents. My question is that should I be worried their might be a need for a waiver or visa denial when it’s time for my interview ?

even though I never got any letter of removal or deportation or a court order to appear probably because I left before that could happen I’m so worried.

How long was your overstay in the United States?

[MADE24 3]

3 minutes ago, Jorgedig said:

How long was your overstay in the United States?

I was in US from 2016 to 2020 dec immediately my 485 was denied I left.

I spoke to a lawyer and she told me since I didn’t stay more than 180 days since my denial it shouldn’t be an issue but I’m a bit worried 

[SalishSea 17,920]

But you were out of status from 2016 through the filing of the I-485?

[carmel34 3,639]

5 hours ago, MADE24 said:

I was in US from 2016 to 2020 dec immediately my 485 was denied I left.

I spoke to a lawyer and she told me since I didn’t stay more than 180 days since my denial it shouldn’t be an issue but I’m a bit worried

You have a 10 year bar for a 4-year overstay.  You will find out at the visa interview in Montreal if a waiver is available.  Good luck!

[Chancy 6,241]

2 hours ago, carmel34 said:

You have a 10 year bar for a 4-year overstay.

 

Maybe not.  It depends on how much unlawful presence the OP actually accrued.  If I understand correctly, OP did not accrue unlawful presence while the I-485 was pending.  Only need to consider time from being out of status in 2016 until filing the I-485 package, plus time from I-485 denial until departure from the US.

 

[carmel34 3,639]

15 minutes ago, Chancy said:

 

Maybe not.  It depends on how much unlawful presence the OP actually accrued.  If I understand correctly, OP did not accrue unlawful presence while the I-485 was pending.  Only need to consider time from being out of status in 2016 until filing the I-485 package, plus time from I-485 denial until departure from the US.

 

OP's original post stated she/he was out of status from 2016 to 2019.  I-485 was filed in 2019.

[Chancy 6,241]

12 minutes ago, carmel34 said:

OP's original post stated she/he was out of status from 2016 to 2019.  I-485 was filed in 2019.

 

Ah, I missed that.  Seems the I-485 was filed only after the I-130 was approved.  Unfortunately, an I-130 would not stop the OP from accruing unlawful presence.  You're right -- OP likely has a 10-year ban.

 

[Crazy Cat 41,978]

11 hours ago, MADE24 said:

Hello, 

I got in the United States in 2016 through an F1 visa unfortunately I dropped out of school that same year due to not being able to cope financially . My mom then proceeded to file for I 130 for me which got approved in 2019, we then proceeded for file for my i485 which was denied in 2021 

reasons:

because I was not in status when I filed for the adjustment of status.

 It was written on the letter that the decision was without prejudice for future applications with the appropriate Uscis office.

I was also told to file for a motion which I did but was also rejected because the evidence wasn’t strong enough.

I then decided to leave the United States to Canada but luckily for me I received a letter from the nvc if I wanted to further with them of which I accepted and had my case transferred from my home country to Canada.

They’re currently reviewing my documents. My question is that should I be worried their might be a need for a waiver or visa denial when it’s time for my interview ?

even though I never got any letter of removal or deportation or a court order to appear probably because I left before that could happen I’m so worried.

You need an attorney who is experienced in waivers since it sounds as if you have a 10 year ban.  The Consulate Officer will explain when your visa is officially denied at the interview.

Edited December 20, 2021 by Crazy Cat

[Boiler 45,657]

I can not tell if you have a ban and if so how long it is from the limited information supplied.

 

Hopefully the Lawyer had all the data.

 

On what basis are you in Canada? You certainly suggest you are not Canadian.

[SalishSea 17,920]

11 hours ago, MADE24 said:

I was in US from 2016 to 2020 dec immediately my 485 was denied I left.

I spoke to a lawyer and she told me since I didn’t stay more than 180 days since my denial it shouldn’t be an issue but I’m a bit worried 

The number of days overstayed is not just counted from the I-485 onward, it includes the out-of-status days prior to filing.

[MADE24 3]

11 hours ago, Jorgedig said:

But you were out of status from 2016 through the filing of the I-485?

Yes

[MADE24 3]

1 hour ago, Boiler said:

I can not tell if you have a ban and if so how long it is from the limited information supplied.

 

Hopefully the Lawyer had all the data.

 

On what basis are you in Canada? You certainly suggest you are not Canadian.

Yes I am not, 

on a work visa.

 I filed for 130 in February 2017, then filed for my i485 in 2019 June before getting denied in November 2020 of which I left after my motion to reopen was denied.

[MADE24 3]

12 hours ago, MADE24 said:

Hello, 

I got in the United States in 2016 through an F1 visa unfortunately I dropped out of school that same year due to not being able to cope financially . My mom then proceeded to file for I 130 for me which got approved in 2019, we then proceeded for file for my i485 which was denied in 2021 

reasons:

because I was not in status when I filed for the adjustment of status.

 It was written on the letter that the decision was without prejudice for future applications with the appropriate Uscis office.

I was also told to file for a motion which I did but was also rejected because the evidence wasn’t strong enough.

I then decided to leave the United States to Canada but luckily for me I received a letter from the nvc if I wanted to further with them of which I accepted and had my case transferred from my home country to Canada.

They’re currently reviewing my documents. My question is that should I be worried their might be a need for a waiver or visa denial when it’s time for my interview ?

even though I never got any letter of removal or deportation or a court order to appear probably because I left before that could happen I’m so worried.

Yes I am not, 

on a work visa.

 I filed for 130 in February 2017, then filed for my i485 in 2019 June before getting denied in November 2020 of which I left after my motion to reopen was denied

[MADE24 3]

12 hours ago, MADE24 said:

Hello, 

I got in the United States in 2016 through an F1 visa unfortunately I dropped out of school that same year due to not being able to cope financially . My mom then proceeded to file for I 130 for me which got approved in 2019, we then proceeded for file for my i485 which was denied in 2021 

reasons:

because I was not in status when I filed for the adjustment of status.

 It was written on the letter that the decision was without prejudice for future applications with the appropriate Uscis office.

I was also told to file for a motion which I did but was also rejected because the evidence wasn’t strong enough.

I then decided to leave the United States to Canada but luckily for me I received a letter from the nvc if I wanted to further with them of which I accepted and had my case transferred from my home country to Canada.

They’re currently reviewing my documents. My question is that should I be worried their might be a need for a waiver or visa denial when it’s time for my interview ?

even though I never got any letter of removal or deportation or a court order to appear probably because I left before that could happen I’m so worried.

This is what a lawyer had to say about the case