Bar ends in January, should I push back the interview?

[Pressna 2]

Long story short I may have triggered the unlawful presence bar for three years after a 200 day overstay, which ends in January 2026. I’m currently documentarily approved by NVC and waiting for the CR1 consular interview. Should I email to notify the embassy about my situation so I can delay my interview to avoid the waiver? What would they say?

 

 

 

[Pressna 2]

My SEVIS was terminated by school in June 29 2022. I fell out of status. Then I left January 2023. My lawyer doesn’t think I’ve triggered a bar. I’m too scared to get rejected and need the waiver to risk it so I want to push the interview date past the supposed bar end date.

[Boiler 47,152]

If you do not trust your Lawyer get another one.

[Pressna 2]

35 minutes ago, Boiler said:

If you do not trust your Lawyer get another one.

Okay who do you recommend?

35 minutes ago, Boiler said:

If you do not trust your Lawyer get another one.

 

Just now, Pressna said:

Edited June 3 by Pressna

[Dashinka 25,637]

Personally, I would wait since you are looking at only 6 months or so.

 

Good Luck!

[pushbrk 13,515]

6 hours ago, Pressna said:

Long story short I may have triggered the unlawful presence bar for three years after a 200 day overstay, which ends in January 2026. I’m currently documentarily approved by NVC and waiting for the CR1 consular interview. Should I email to notify the embassy about my situation so I can delay my interview to avoid the waiver? What would they say?

 

 

 

No.  Contact NVC and tell the not to schedule the interview until after the date the bar ends.  No need to explain why.  Just give them and "after date".

[Crazy Cat 43,995]

Another vote to IMMEDIATELY contact NVC to delay the interview until after the ban ends.  .  Otherwise, it will be a very cumbersome process. 

[JeanneAdil 6,989]

Me  too,  dely the case at NVC

Case can be kept open a year just write and let them know to dely interview

 

You need to notify them once a month (according to a notice i received for my case )

short note with case #, both names and both DOB's to say , please continue to keep my case open

 

you will also need to send notice in January that you are ready for interview

[Edward and Jaycel 1,726]

This is where to contact NVC - And another vote from me to do this ASAP before they schedule the interview

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html

[Pressna 2]

Thanks everyone for their responses. 

[Pressna 2]

On 6/3/2025 at 9:07 PM, JeanneAdil said:

Me  too,  dely the case at NVC

Case can be kept open a year just write and let them know to dely interview

 

You need to notify them once a month (according to a notice i received for my case )

short note with case #, both names and both DOB's to say , please continue to keep my case open

 

you will also need to send notice in January that you are ready for interview

Sounds good I’ll do that every month

[Pressna 2]

On 6/3/2025 at 5:48 PM, pushbrk said:

No.  Contact NVC and tell the not to schedule the interview until after the date the bar ends.  No need to explain why.  Just give them and "after date".

Should we disclose that the inadmissiblity? Does it affect anything?

[Dashinka 25,637]

1 hour ago, Pressna said:

Should we disclose that the inadmissiblity? Does it affect anything?

No need for explanation.  
 

Good Luck!

[jan22 3,161]

Or, you could go to the interview if it’s scheduled before Jsnuary and find out if, in fact, you have a ban.  If you don’t, and everything else is good in your case, you’ll get a visa.  
 

If you do, they will give you a 221g refusal until either a) you get a waiver approved, or b) the ban is over.  You do not have to apply for a waiver just because you went to the intervie.  You can still wait out the ban, which will overcome the 221g refusal much sooner than getting a waiver, and the visa will be issued.  You might have to update your medical; however, that’s likely still cheaper than the waiver fee. 

[S2N 155]

1 hour ago, jan22 said:

Or, you could go to the interview if it’s scheduled before Jsnuary and find out if, in fact, you have a ban.  If you don’t, and everything else is good in your case, you’ll get a visa. 

The risk there is that the CO determines you’re admissible and then 2-5 years later when applying for removal of conditions or naturalization a USCIS official determines the visa should never have been issued in the first place and initiates removal proceedings.

 

Theres been several news stories of “one officially incorrectly did something a while ago and/or turned a blind eye and now someone years later found out and is using it to deport an immigrant.”

 

If OP thinks they overstayed I’d stay on the safe side and ask to reschedule until after they think the 3 year ban ends. Unfortunately the current climate means you have to think about things like this.

Edited June 7 by S2N