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«» 3 and 10 Year Bars: Mohan, Umesh Please help

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  • «» 3 and 10 Year Bars: Mohan, Umesh Please help

    Situation is this: I have left the US with voluntary departure after overstaying my previous NIV. (4 months overstay according to me; more than two years according to boarder guards).

    Now I want to apply for a new NIV, and I`ve learned that the bars, if any, could be waived. How do I get a waiver? Who has the discretion to waive it? What are the critical aspects of a waiver?

    Thank you very much for your responses.

  • #2
    Situation is this: I have left the US with voluntary departure after overstaying my previous NIV. (4 months overstay according to me; more than two years according to boarder guards).

    Now I want to apply for a new NIV, and I`ve learned that the bars, if any, could be waived. How do I get a waiver? Who has the discretion to waive it? What are the critical aspects of a waiver?

    Thank you very much for your responses.

    Comment


    • #3
      Mohan and Umesh...I still need your all's opinion too. My fiance' had D/S on I-94 and stayed and worked after completing school. He is now in Canada and attorney's in that area seem to think "bars" won't apply to him. I would greatly appreciate hearing your opinions!

      Comment


      • #4
        why you think that you overstay 4 mo and 2yrs by INS? this period had lot to do with the bar, please explain.
        Its a discussion, not a legal advise..

        Comment


        • #5
          The voluntary departure (assuming you were detained by BCIS) most likely carries a 5 year bad that needs the I-212 to be waived. If you have overstayed by more than 2 years there is a 10 year bar that is applicable which requires the I-601. The I-601 and the I-212 are both hardship waivers (hardship to USC spouse). If you overstayed by only 4 months then only the five year bar ould be applied (I-212 waiver). This waiver is easier to have approved than the I-601. Therefore, if it is possible to prove that your overstay is only four months rather than 2 years you will be much better off. Good luck!

          Comment


          • #6
            Mohan:

            My I-94 says D/S and I think my visa was for 10 years, that is what the boarder guards said. If so, it had be valid till Sept. 2001. I was caught in Feb. 2002. So, I think it is four months.

            In the warrent he wrote that the visa espired in december 2000. If it is true as the boarder guard claims I overstayed by over 2 years.

            Comment


            • #7
              Spouse:

              I was not detained, and I did not have a lawyer throughout the process, when I presented myself, which was a mistake.

              I think the bars are 3 years for less than 150 days and 10 years if it over 365 days?

              If I prove that the overstay was less than 4 months, it is easier? How?

              Comment


              • #8
                Still Learning:

                I think your fiace's case and mine are a lot similar; I also had D/S on the I-94 of my student visa. I am also in Canada trying to get a NIV, and trying to deal with possible bars.

                Why wouldn't the bars apply to him?

                Comment


                • #9
                  if you overstaye more then 180days bar applied to you for one year and if you overstay more then one year you will have 10 year bar.
                  waivers are applied to USC/LPR dependents and its only filed if asked.
                  Its a discussion, not a legal advise..

                  Comment


                  • #10
                    Mohan:

                    Did you say one year bar for overstay of 180 days or les??

                    Comment


                    • #11
                      Kruger:
                      What the attorney's have told him is because his I-94 said D/S and from what I've read because he's never had INS or Judge rule that he DID have bars. So this is all why I'm asking for input here.

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