I overstayed my F1 visa for more than a year, and had a severe stroke in the US when I was out of status. My sister (a US citizen) came pick me up and brought me to my home country. I think I am subject to a bar. My question is that is there a waiver available that would fit my case? I would like to permanently settle down in the US. Thank you
F-1 students are typically admitted to the U.S. in Duration of Status (D/S). U.S. immigration policy states that even if they fall out of status, they do not begin to accrue "unlawful presence" in the United States unless USCIS, an Immigration Court, or other U.S. immigration agency makes an official finding that they violated their status. Without such a finding, there is no unlawful presence toward the 3/10-year bar to re-entry under INA 212(a)(9)(B), despite the overstay and violation of status. The 212(d)(3) nonimmigrant waiver or Form I-601 immigrant waiver for unlawful presence is required only if the INA 212(a)(9)(B) bar applies. Whether you have a pathway to become a permanent resident or settle down in the United States is a separate question. I provided you a general response only. Do not rely solely on it to reach a particular conclusion or take any specific action in your case. NOTE: posting a message about your case, via comments on TH-cam, is discouraged due to privacy and confidentiality concerns.
I recently faced a situation where my F-1 visa was canceled at the U.S. port of entry, and I was given a 5-year bar for alleged unauthorized employment, which I denied. The basis for this allegation was a WhatsApp conversation. The consulate in my country advised me to reapply for the visa, which I did. During my visa interview, the consular officer took my passport and documents. I provided a letter from my university stating that I was not involved in any unauthorized employment, details of an on-campus internship, and evidence of my good academic standing. Additionally, I showed my net worth certificate from a Chartered Accountant and other supporting documents. Given these circumstances, is there anything more I can do to expedite my case? Are there any specific steps or additional documentation that could improve my chances of getting a waiver for the 5-year bar? Any advice on how to handle this situation to facilitate a quicker and favorable resolution would be greatly appreciated. Thank you.
Hello Dyan, how are you doing… I’ve sent several emails to you @infodyanwilliamslaw but no response, my next interview is next month and I’ll like to have a consultation with you. Please kindly respond I’ll resend a mail to you right away. Thanks 🤗
I was told there’s misrepresentation of material fact under section 212(a)(6)(c)(I) for non immigrant B1/B2 . Nigeria citizen. Please I’m waiting for your response
@Dyanwilliamslaw Thank you for your follow-up. Due to my limited availability, I do not respond to every email requesting information or a consultation (although I read them all). If you did not get a response to your email(s), it means the situation you described did not fit within my current areas of focus, I was fully booked, and/or the timing was off. At this time, I'm not taking on (6)(C)(i) cases where the applicant will apply for a visitor visa., instead of a work visa or student visa, and the fact pattern requires a lot of patience on the part of the consular officer. Applying for a B1//B2 visa with a (6)(C)(i) charge is a very tough situation because the visa requires non-immigrant intent under INA 214(b). If the consular officer sees any type of negative history, they tend to quickly use the catch-all provision under INA 214(b) to deny the visa, instead of really consider whether the (6)(C)(i) bar was applied correctly or whether a 212(d)(3) waiver is appropriate. When the waiver is requested at the U.S. Consulate, the applicant does not submit an official Form I-192. Rather, the applicant offers supporting documents and oral testimony to show how she qualifies for the visa and the waiver (if the inadmissibility bar is sustained). See: 212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It? dyanwilliamslaw.com/2017/04/212d3-nonimmigrant-waiver-when-do-you-need-it-and-how-do-you-get-it/ 212(d)(3)(A) Nonimmigrant Waiver: Advantages and Disadvantages. dyanwilliamslaw.com/2016/03/212d3a-nonimmigrant-waiver-advantages-and-disadvantages/ B-1 Visitor Visa: Traveling to the U.S. for Business. dyanwilliamslaw.com/2021/04/b-1-visitor-visa-for-business/ B-2 Visitor Visa: Traveling to the U.S. for Tourism or a Temporary Visit. dyanwilliamslaw.com/2017/03/b-2-visitor-visa-traveling-to-the-u-s-for-tourism-or-a-temporary-visit/ You have to be able to present your case in 3 to 5 minutes, which is the length of most visa interviews, and persuade the officer to put your case in administrative processing while they review your documents. (It's very rare for officers to make a favorable decision at the end of the visa interview, when there is a (6)(C)(i) issue. You basically have to convince the officer to slow down the decision-making to allow a more deliberate review. Even the most carefully prepared and viable requests can be denied if the officer is not willing to do a real review.) I provided you a general response only. Do not rely solely on it to reach a particular conclusion or take any specific action in your case. Please reach out to another experienced U.S. immigration attorney who deals with (6)(C)(i) issues and 212(d)(3) waivers in visitor visa requests. NOTE: posting a message about your case, via comments on TH-cam, is discouraged due to privacy and confidentiality concerns.
@@Dyanwilliamslaw Thank you so much 🙏God bless you Dyan. it’s not just about (6)(C)(I) only, there’s question about DOB and identity I asked in the mail. I wish you could hear me out even though you can’t take up the case. Although, I’m trying to reach out to another experienced lawyer like you, I see, you’re very good at what you do. thanks for your candid advice once again. I really appreciate 🥰🤗
Thanks
How much time does it take to approve I -212 ?
I overstayed my F1 visa for more than a year, and had a severe stroke in the US when I was out of status. My sister (a US citizen) came pick me up and brought me to my home country. I think I am subject to a bar. My question is that is there a waiver available that would fit my case? I would like to permanently settle down in the US. Thank you
F-1 students are typically admitted to the U.S. in Duration of Status (D/S). U.S. immigration policy states that even if they fall out of status, they do not begin to accrue "unlawful presence" in the United States unless USCIS, an Immigration Court, or other U.S. immigration agency makes an official finding that they violated their status. Without such a finding, there is no unlawful presence toward the 3/10-year bar to re-entry under INA 212(a)(9)(B), despite the overstay and violation of status. The 212(d)(3) nonimmigrant waiver or Form I-601 immigrant waiver for unlawful presence is required only if the INA 212(a)(9)(B) bar applies. Whether you have a pathway to become a permanent resident or settle down in the United States is a separate question.
I provided you a general response only. Do not rely solely on it to reach a particular conclusion or take any specific action in your case. NOTE: posting a message about your case, via comments on TH-cam, is discouraged due to privacy and confidentiality concerns.
Awesome job, I my self in same situation… 😢
Can you help me I been married to my wife for 35 years us citizen been deported for 13 years in mexico I was in the usa from 1972 till 2011
I recently faced a situation where my F-1 visa was canceled at the U.S. port of entry, and I was given a 5-year bar for alleged unauthorized employment, which I denied. The basis for this allegation was a WhatsApp conversation. The consulate in my country advised me to reapply for the visa, which I did. During my visa interview, the consular officer took my passport and documents. I provided a letter from my university stating that I was not involved in any unauthorized employment, details of an on-campus internship, and evidence of my good academic standing. Additionally, I showed my net worth certificate from a Chartered Accountant and other supporting documents.
Given these circumstances, is there anything more I can do to expedite my case? Are there any specific steps or additional documentation that could improve my chances of getting a waiver for the 5-year bar? Any advice on how to handle this situation to facilitate a quicker and favorable resolution would be greatly appreciated. Thank you.
CAN YOU HELP ME IVE BEEN DEPORTED 3times but my mom needs me she’s USA citizen she’s sick and needs me
Hello Dyan, how are you doing… I’ve sent several emails to you @infodyanwilliamslaw but no response, my next interview is next month and I’ll like to have a consultation with you. Please kindly respond I’ll resend a mail to you right away. Thanks 🤗
I was told there’s misrepresentation of material fact under section 212(a)(6)(c)(I) for non immigrant B1/B2 . Nigeria citizen. Please I’m waiting for your response
@Dyanwilliamslaw
Thank you for your follow-up. Due to my limited availability, I do not respond to every email requesting information or a consultation (although I read them all). If you did not get a response to your email(s), it means the situation you described did not fit within my current areas of focus, I was fully booked, and/or the timing was off. At this time, I'm not taking on (6)(C)(i) cases where the applicant will apply for a visitor visa., instead of a work visa or student visa, and the fact pattern requires a lot of patience on the part of the consular officer.
Applying for a B1//B2 visa with a (6)(C)(i) charge is a very tough situation because the visa requires non-immigrant intent under INA 214(b). If the consular officer sees any type of negative history, they tend to quickly use the catch-all provision under INA 214(b) to deny the visa, instead of really consider whether the (6)(C)(i) bar was applied correctly or whether a 212(d)(3) waiver is appropriate. When the waiver is requested at the U.S. Consulate, the applicant does not submit an official Form I-192. Rather, the applicant offers supporting documents and oral testimony to show how she qualifies for the visa and the waiver (if the inadmissibility bar is sustained). See:
212(d)(3) Nonimmigrant Waiver: When Do You Need It and How Do You Get It? dyanwilliamslaw.com/2017/04/212d3-nonimmigrant-waiver-when-do-you-need-it-and-how-do-you-get-it/
212(d)(3)(A) Nonimmigrant Waiver: Advantages and Disadvantages. dyanwilliamslaw.com/2016/03/212d3a-nonimmigrant-waiver-advantages-and-disadvantages/
B-1 Visitor Visa: Traveling to the U.S. for Business. dyanwilliamslaw.com/2021/04/b-1-visitor-visa-for-business/
B-2 Visitor Visa: Traveling to the U.S. for Tourism or a Temporary Visit. dyanwilliamslaw.com/2017/03/b-2-visitor-visa-traveling-to-the-u-s-for-tourism-or-a-temporary-visit/
You have to be able to present your case in 3 to 5 minutes, which is the length of most visa interviews, and persuade the officer to put your case in administrative processing while they review your documents. (It's very rare for officers to make a favorable decision at the end of the visa interview, when there is a (6)(C)(i) issue. You basically have to convince the officer to slow down the decision-making to allow a more deliberate review. Even the most carefully prepared and viable requests can be denied if the officer is not willing to do a real review.)
I provided you a general response only. Do not rely solely on it to reach a particular conclusion or take any specific action in your case. Please reach out to another experienced U.S. immigration attorney who deals with (6)(C)(i) issues and 212(d)(3) waivers in visitor visa requests. NOTE: posting a message about your case, via comments on TH-cam, is discouraged due to privacy and confidentiality concerns.
@@Dyanwilliamslaw Thank you so much 🙏God bless you Dyan.
it’s not just about (6)(C)(I) only, there’s question about DOB and identity I asked in the mail. I wish you could hear me out even though you can’t take up the case. Although, I’m trying to reach out to another experienced lawyer like you, I see, you’re very good at what you do.
thanks for your candid advice once again. I really appreciate 🥰🤗
Plz help me