Dennis

Hi

I have a question concerning the DCF procedures. I am currently applying for
an immigration visa at the consulate in Copenhagen, but I have a previous
overstay of a VWP of 1+yr. I left the US on my own initiative, but I am
still subject to the 10 yr ban for admission.

According to the Foreign Affairs Manual, the consulate officers may not
issue a visa if there is evidence in the appilcation or that the officer has
reason to believe that the applicant is inadmissible according to INA 212. I
am preparing for my interview and have answered yes to the question on
DS-230 concerning previous overstays, but still the consulate will not say
whether I will need a waiver or not, probably because that Foreign Affairs
Manual also states that the application cannot be denied before DS-230 part
II has been presented and the application fee paid.

My question is if there could be extenuating circumstances around an
overstay that would allow the officer to issue the visa anyway?

When we are on the subject of overstays, does anyone have any news on bill
HR 2772, that among other repeals 212(a)(9)(B) ?

Thanks in advance

Dennis

Mrtravel

Dennis wrote:

    > My question is if there could be extenuating circumstances around an
    > overstay that would allow the officer to issue the visa anyway?

You entered as a tourist under VWP. Instead of staying for 90 days, you
stayed for an extra year?
What kind of extenuating circumstances?
Seriously, plan for a denial, and then file the waiver.

    >
    > When we are on the subject of overstays, does anyone have any news on bill
    > HR 2772, that among other repeals 212(a)(9)(B) ?

I wouldn't hold my breath on legislation that make immigration easy.

Dennis

I was overstaying the VWP because I was getting married, however the
marriage turned sour and ended with a divorce and withdrawal of petition
just before the final interview. I had my EAD, but we had taken too long in
filing the papers. I was already over the 1 year limit when the EAD was
issued. And of course this all happend just after 9/11, so in lieu of the
tightening immigration then I didn't foresee a swift extension of the LIFE
Act and i left the US.

It is food for thought that I could have stayed and kept low profile and
hope the immigration laws would change so I could adjust status again. Makes
me think of a phrase we use in Denmark:
"If having standards is good, then having double standards must be twice as
good"

Dennis
"mrtravel" skrev i en meddelelse
news:[email protected]...
    > Dennis wrote:
    > > My question is if there could be extenuating circumstances around an
    > > overstay that would allow the officer to issue the visa anyway?
    > You entered as a tourist under VWP. Instead of staying for 90 days, you
    > stayed for an extra year?
    > What kind of extenuating circumstances?
    > Seriously, plan for a denial, and then file the waiver.
    > >
    > > When we are on the subject of overstays, does anyone have any news on
bill
    > > HR 2772, that among other repeals 212(a)(9)(B) ?
    > I wouldn't hold my breath on legislation that make immigration easy.

Ronald Austin

"Dennis" wrote in message
news:[email protected]...

    > Makes me think of a phrase we use in Denmark: "If having standards is
good, then having double standards must be twice
    > as good"


ROFLMAO!! One to remember!