skinacat

It's not always just the nature of the crime but also the visa class. For overstays, only spouses of US citizens, and I believe those who were brought to the US as minors but left before turning 18 are forgiven.

This is because denying a spousal visa doesn't just affect the foreigner, it has adverse effects on US citizen involved too. They don't care about the foreigner, but they do care about the US citizen that the visa was created to help. A P-3 denial doesn't severely affect a US citizen, only the foreign applicant. Therefore, no waiver is really relevant.

As for crimes, pretty crimes not involving moral turpitude may be forgiven for many visa classes depending on how long ago they were commited.

Human trafficers, drug dealers etc. may try to waive or appeal decisions for some visas, but the chances of getting an approved waiver for a convicted drug dealer is next to zero, no matter what visa class. I can't think of a single case where I've hard of serious crimes like that actually being waived.

The problem with overstay is first it gives a bar, a period of time where you can't apply for any visa, they'll reject you no matter what inks you can prove the overstay didn't happen. After that bar is lifted the consular officer may still immediately think «he overstayed last time, he'll probably do it again»

You said they will reject his visa every time. It would be great if they would tell us before he spent over $2000 that there was no chance of a visa. I guess our lawyer should have known this but apparently she didn't.

I am surprized, first that crimes would be forgiven but not a 3 day overstay! But also he overstayed on his first visit and subsequently left on time the 6 other visits. So he had 7 opportunities to disappear into the US if that was his plan. But the fact is that he did not- He left every time (yes once he was three days late-obviously not intentional) But he had every opportunity to not get back on the flights out of the US and did not.

I'm also surprized that a one year overstay produces a 3 year bar (but a 3 day overstay produces a 5 year bar)

Thanks again for your information It's good to know he won't be approved and we can stop spending our time and money.

Thanks so much for your response. He did have a waiver but they did not look at it. I wonder who is actually fogiven with these waivers. Like on the list (for waivers) was drug dealers, human traffickers etc and I thought, "if they can even think about forgiving that then we had a chance"-but it didn't work that way.

So what is the point to having a waiver process? Who gets forgiven?

Anyway you are correct they are very strict about this-oddly bc they forgive a lot of other things that I would not suspect they would.

Do you think if we wait it out and try again for the same visa we have any chance?

Good luck on your visit. You probably read this already but there was a little (you tube?) video by Fred Wahl describing the best evidence to accumulate. I also heard that a few letters sent via the post office are helpful (better proof than only email) I am not sure how his whole program/services are but the video did give me some ideas

No

No

Give it a few years. Was he allowed to withdraw or was he deported.

HE was removed and no, he was not allowed to withdraw. When you say give it a few years do you mean we'd apply for the same visa again but after he has "served" most of his 5 bar?

Thanks for all of your help-I"m pretty confuzzled by all of this.

When you say 'removed' what does that mean? It is important to your boyfriend's case that you know exactly what happened, was there anything written in his passport when he was 'removed'?

Good luck

He was removed from the US at the port of entry . My understanding is if he was never living here it's called a removal (not deported) Is that right? When he got off the plane he was questioned and then they made him return to his country. He was not allowed to leave voluntarily.

And they stamped CANCEL on the US visa part of his passport it many times.

Is there more I should understand about this? I'm trying but there is so much conflicting information out there! I will take all the help I can get-so fire away!

Thanks for all of your help-

Hi all

My boyfriend had been coming to the US for 8 seasons on a visitors visa, and demonstrating his art form. On his last attempted entry he was told by immigration that he overstayed a few years ago (by 3 days) and hence his visa was cancelled. He was also told he was not allowed to sell his art using a tourist visa. I have talked to several attorneys who say this is a gray area and perhaps he is allowed to sell his art using a tourist visa. In any event his visa has already been cancelled and he was removed.

Since then the place that was allowing him to demo his art form and selling his art applied for a P3 visa. This visa really fits what he was doing and we felt we corrected our mistakes-if in fact selling his art it's not allowed.

The P3 visa was denied right away-none of his supporting papers were reviewed. (I've heard this is common) When he asked the officer why he was denied he was told "because you overstayed". The officer also said "ask your lawyer".

He did have a request for a waiver of inadmissibliy with him -which also was not reviewed. He was also told by letter that he had not overcome immigrant intent which I assume is due to the 3 day overstay.

I have since heard that the waiver of inadmissiblity needs to be approved BEFORE a visa application is filed. Is this true? Should we have received an approved waiver before going forward with the P3 application? Does anyone think he should apply again? Any experience with this?

Thank you Diana.

Hi

Our attorney wants the "consular case number" and the date of the application for a P3 visa (which was denied in Mexico City) I know Ciudad Juarez has a CDJ number

but I have no idea what the Mexico City consular case number would be.

Does anyone know where I would find the case number (on which document) ?

And the P3 can only be submitted by the proposed employer so which date is the date of application? date sent? date received?

Thanks

skinacat

Hi

Our attorney wants the "consular case number" and the date of the application for a P3 visa (which was denied in Mexico City) I know Ciudad Juarez has a CDJ number

but I have no idea what the Mexico City case number would be.

Does anyone know where I would find the case number (on which document) ?

And the P3 can only be submitted by the proposed employer so which date is the date of application? date sent? date received?

Thanks

skinacat

Ok thanks everyone. I got the answer about how the application for the spouse visa would be viewed after a denial of the other visa. I was right in my predictions about this.

Skincat. your OP is rather confusing to me.

You state that your BF visa was cancelled and he was removed, however you later state that he was an overstay.

If your BF had an overstay, his visa was not cancelled. IT EXPIRED. As an overstay there is automatically a black mark on his file. Secondly you state that he was sent home, this after 7 days of overstay means that he did not leave the country voluntarily. Again this is another black mark on his file.

There is a ban on overstays, and not sure of the validity of 180 days, as that is twice the length of the VWP. The fact that he keeps getting denied backs this up.

SORRY about the confusion. His visa did not expire. He made several trips to the US. On the final one they concluded he had overstayed A FEW YEARS AGO by a few days. And at that point they cancelled his visa at the point of entry. He has always left the country at the end of the time allotted except for this mistake. There was never any intention to overstay and there certainly was no gain from it.

The next time he applied for a visa -with a waiver-he was denied outright-supposidly based on the visa cancellation/removal.

Sorry about the confusion.

But my question is this: Since he was denied this last visa can we later apply for a spouse visa? I realize we will have to overcome the inadmissiblity also. OR will he be denied a spouse visa because he applied for this one and they will conclude he was not truthful about his intentions for this visa.

WHAT CATEGORY OF VISA ARE YOU TALKING ABOUT??? TOURIST VISA? if so this not the right forum!!

thanks for your reply. My question in the original post here was about the spouse visa.

Getting married does not trump a ban on entry into the US.

If you do not share the relevant details here you can't hope to get relevant feedback.

You've already received guidance from one attorney. Why not seek an opinion from another attorney if you question the advice given by atty #1?

Thanks for your reply. Really I have spoken to three attorneys and will speak to another one next week also I'v done a lot of reading here and other sites. The answers are all different regarding the spouse visa That's why I posted here-hoping someone has some direct experience or knows something more.

Your going to have to tell more to get proper answers and help.

Everything that happened can affect the spousal visa in some way if its negative, he was removed from the US? and was denied visas? need to know why. Does he have a ban from being removed? The same problems that caused the denial/removal before could be reason to deny the spousal visa as well.

He was removed for an overstay of less than 7 days-which was my mistake-bc I bought the return ticket. There is NO ban on a few days' overstay- yet when he reapplied his next visa application was denied. Verbally he was told at the embassy it was due to the overstay. However in the letter from the embassy it said he did not prove ties to his country. He did bring papers proving home ownership, land ownership, a business, children, etc but was refused as soon as his bar code number was read by the officer-without any further questions really. He attempted to show some of these documents and was waived away. Hence there wasn't an opportunity to show them. He was also told he was denied BECAUSE his last visa was cancelled. I can't figure out what the logic is bc his overstay was clearly an error-and there is no bar on less than 180 days.

As I said I have contacted several lawyers and the answers vary. Mostly they are "mystified" about why he would be denied. They all agree that usually for an obvious mistake then a waiver of inadmissiblity and an explanation of what happened usually suffice.

Can anyone shed any light on this? Is there a minimum wait period after a visa cancellation?

Thanks

skinacat

Hi everyone, I hope I'm posting this in the right place. My boyfriend's first visa was cancelled and he was removed. HIs second application was just denied. It was not a spouse or fiance visa-but a regular visa. Without a visa we have no real way to be together. I have been working with a lawyer and although she has one or two more ideas-she is not very hopeful he can ever get a visa again. (and yes I am being somewhat vague on purpose-)

Now that he can't come here the only way we can have a relationship is to get married sooner than we had planned.....

my question is this: if we get married and apply for a spouse visa will it be denied bc they will assume he had other intentions when he filed for the last visa? I read somewhere that this is the logic. I have asked 3 lawyers and two have said no they can't do this, and one lawyer and the website said yes they can deny for that reason.

Does anyone have any real experience with this? Has anyone done this and it's been fine?

I would really appreciate any input-this is our only hope at this point. I would be happy to have any answers or take this to a regular email for more details.