Overstay F1 Covid 19 10 year bar

[coolcat20 5]

Hello all,

 

I entered the US in 2016 on a F1 visa. I have during this time gotten a degree, and traveled in and out of the US without any issues (originally from Europe).

After arriving the last time back in the US in dec 2019 to start completing my second degree in Jan 2020, covid-19 pandemic hit and caused a total lockdown in California.

Since I have an immediate family member who is a USC, I stayed with him to continue my studies until Fall 2020. Due to the pandemic and a close death of another USC family member in our family, I ended up not being able to continue my studies and my student visa was terminated. 

So, against my better judgement I ended up overstaying until July 2022 and departing on my own. 

This week, I went to the US Embassy to apply for a B1/B2 visa in order to see my family. I brought all required documents to show my ties to my home country and everything else that was needed. Upon meeting the consular officer, she took one look at my profile, asked about my previous history in the US. She did neither ask or look at any of my documents I had brought. When she asked about my terminated student visa, I answered truthfully. She then rolled her eyes at me. I felt so humiliated. Then she typed a bunch of things on the keyboard, printed a paper and told me the B1/B2 visa was denied, and verbally told me I had a 10 year bar and they can reassess my situation in 2032. 

She also handed me a paper of the bar saying crossed out "alien unlawfully present".

 

Visa journey fam,

What can I do? What is my next step?

 

Thank you

[PaulaCJohnny 712]

To be realistic, nothing.

 

You had broken the conditions of your visa and now you need to deal with the consequences.

 

A lot of flights where available to people get back to their home country during 2020. 2021 and 2022 flights where pretty normal.

 

Now you need to deal with the consequences of your decision. 
 

Sorry for be realistic.

[powerpuff 5,970]

~~ Topic moved from COVID-19 Forum to Tourist visa forum as the question is around B2 ~~
 

Good thing is that you were honest because misrepresenting would cause a lifetime ban. 
 

This is a genuine question: did you think that overstaying for 2 years will have no consequences on your future privileges to visit? Overstaying for ONE day revokes ESTA privileges for those who don’t need a visa and will, most likely, cause a denial for B2 should they apply for that. There are NO exceptions, including COVID.

 

Theres nothing else to do but wait out the 10 year bar. Even after serving 10 years, it’s not a guarantee you will receive a B2. 
 

If you and your USC immediate family member decide to petition you to live in the US, then you can apply for a waiver. Waivers are only available for immigrant visas. 

 

[Crazy Cat 39,575]

1 hour ago, coolcat20 said:

What can I do? What is my next step?

You overstayed almost 2 years?  Did you work during the overstay, too? You wait 10 years to enter the US.  Covid did not prevent you from leaving.  You violated the terms of your previous visa. You gambled and lost.  Nothing else you can do.

Edited April 27, 2023 by Crazy Cat

[Boiler 43,687]

1 hour ago, coolcat20 said:

What can I do? What is my next step?

Reassess my situation in 2032. 

 

They told you.

[igoyougoduke 1,614]

come back in 2033 and update us 

[coolcat20 5]

58 minutes ago, powerpuff said:

~~ Topic moved from COVID-19 Forum to Tourist visa forum as the question is around B2 ~~
 

Good thing is that you were honest because misrepresenting would cause a lifetime ban. 
 

This is a genuine question: did you think that overstaying for 2 years will have no consequences on your future privileges to visit? Overstaying for ONE day revokes ESTA privileges for those who don’t need a visa and will, most likely, cause a denial for B2 should they apply for that. There are NO exceptions, including COVID.

 

Theres nothing else to do but wait out the 10 year bar. Even after serving 10 years, it’s not a guarantee you will receive a B2. 
 

If you and your USC immediate family member decide to petition you to live in the US, then you can apply for a waiver. Waivers are only available for immigrant visas. 

 

I absolutely knew it may impose consequences. However, there has been so many opinions whether students admitted with D/S on their passport would accrue unlawful presence. 

 

Concerning USC petitioning: my immediate family now wants to take the step to petition for me. There also seems to be a policy that came out in 2022 that people who have gotten a ban may serve the ban INSIDE the US. What do you know about the waivers?

[Crazy Cat 39,575]

4 minutes ago, coolcat20 said:

There also seems to be a policy that came out in 2022 that people who have gotten a ban may serve the ban INSIDE the US.

I haven't heard that.  Besides, You are not inside the US.  Even if petitioned by a family member, the ban prohibits entry for any reason. 

Edited April 27, 2023 by Crazy Cat

[coolcat20 5]

I see. 

I'm reading mixed things about these type of cases. 

Does this also apply if you are married to a USC?

[Boiler 43,687]

4 minutes ago, coolcat20 said:

I absolutely knew it may impose consequences. However, there has been so many opinions whether students admitted with D/S on their passport would accrue unlawful presence. 

 

Concerning USC petitioning: my immediate family now wants to take the step to petition for me. There also seems to be a policy that came out in 2022 that people who have gotten a ban may serve the ban INSIDE the US. What do you know about the waivers?

I know quite a bit about waivers. Your ban did not take effect u til you left, nothing changed in 2022. You are not in the US.

 

Immediate family can mean all sorts of thing.

 

Good information = good answers.

[coolcat20 5]

By immediate family I mean brother (USC), parents (LPR) and spouse (USC).

Any good information regarding this?

[Boiler 43,687]

Brother can file for you if USC

 

LPR Parents can file for you assuming you are not married

 

USC spouse can file for you.

[coolcat20 5]

Thanks. 

So despite the 10 year ban, they can file? Is it required to also file a waiver at this time, or what is the exact process?

 

Sorry for the stupid question, but is the 10 year ban actually in their system?

[Crazy Cat 39,575]

3 minutes ago, coolcat20 said:

By immediate family I mean brother (USC), parents (LPR) and spouse (USC).

Any good information regarding this?

Your ban will exist even if any of those petition you. A waiver might be possible if a spouse petitions you.  

Just now, coolcat20 said:

but is the 10 year ban actually in their system?

Of course, it is. 

[coolcat20 5]

Just now, Crazy Cat said:

Your ban will exist even if any of those petition you. A waiver might be possible if a spouse petitions you.  

This is then known as the hardship waiver?

Is that waiver different than the one that you can file as forgiveness for your overstay?