CharlieS

After reading a couple of topics about the dreaded I601 waiver, a question occured to me.


If you have an overstay in the USA, but at K1/K3 interview the ConOffs disregard it and issue the visa, can you still be refused entry at the POE because of the overstay?

If so, this is something of a catch-22 isn't it.
Basically if you have an overstay, should people insist on filing the I601 regardless of whether the ConOffs want you to or not?
At least that way, you run no risks when attempting to enter USA.

lpdiver

I may be wrong but I don't think you can file an I-601 until you have in actuallity been excluded. Why insist on causing problems that may not exist?

CharlieS

Hence the catch-22.

You dont file the waiver because no request is made for one. You arrive at POE and the BCIS there say, hey you have an overstay on your record, we arent letting you in.
You then have to fly back to your originating country and file the waiver.

Thats the point of my question.

Folinskyinla

Hi:

You have hit upon a cardinal part of the immigration system that has been in place since 1917 -- the visa is simply a permit to come to the US and APPLY for admission. [BTW, the enforcment tool for this is on common carriers -- they bring someone without the proper docs -- not only do they have to take him back to departure port, they are subject to a civil fine].

At the POE, the inspector has the right to determine whether or not you are admissible. Before 1997, the process at POE was 1. POE Inspector 2. Immigration Court "exclusion" hearing 3. Appeal to Board of Immigration Appeals 4. Habeas Corpus proceeding 5. Appeal to Court of Appeals 6. Certeorari to the Supreme Court. The 1996 legislation "streamlined" this process by eliminating steps 2, 3, 4, 5 & 6. IOW -- you now get to start at the top.

Good luck.

lpdiver

I believe this is why often they charge as much if not more for the one way ticket.

dano1

so once you have been admitted, does that "forgive" the overstay, or could the problem resurface at anytime during the process, for example aos interview or naturalization interview.

CharlieS

I think the I601 waiver forgives the overstay and allows admittance.

Still trying to figure out what to do if no waiver is requested. Seems to me to be a crappy situation to be put in if the visa is issued yet POE can still refuse entrance.

lpdiver

You pays your money and you takes your chances...

dano1

yeah but what if you have already been admitted, with a past overstay, and there were no problems. could that overstay still cause problems, or does being admitted at the poe forgive that past overstay.

Paulgani

"Folinskyinla" <member@british_expats.com> wrote in message
news:[email protected]...
    > At the POE, the inspector has the right to determine whether or not you
    > are admissible. Before 1997, the process at POE was 1. POE Inspector 2.
    > Immigration Court "exclusion" hearing 3. Appeal to Board of Immigration
    > Appeals 4. Habeas Corpus proceeding 5. Appeal to Court of Appeals 6.
    > Certeorari to the Supreme Court. The 1996 legislation "streamlined"
    > this process by eliminating steps 2, 3, 4, 5 & 6. IOW -- you now get to
    > start at the top.

The IFM clearly states that ER requires approval of the secondary inspection
supervisor:

"All expedited removal orders require supervisory approval before service
upon the alien. By regulation, this
approval authority is not to be delegated below the level of a second line
supervisor."

Paulgani

Folinskyinla

Hi:

That is one excellent question.

Chinga La Migra

CharlieS <member@british_expats.com> wrote in message news:<[email protected]>...
    > After reading a couple of topics about the dreaded I601 waiver, a
    > question occured to me.
    >
    >
    >
    >
    >
    > If you have an overstay in the USA, but at K1/K3 interview the ConOffs
    > disregard it and issue the visa, can you still be refused entry at the
    > POE because of the overstay?
    >
    >
    >
    > If so, this is something of a catch-22 isn't it.
    >
    > Basically if you have an overstay, should people insist on filing the
    > I601 regardless of whether the ConOffs want you to or not?
    >
    > At least that way, you run no risks when attempting to enter USA.

Actually, and I know it's too late for you, but the "smart" (but
unethical) thing to have done is to not give in the I-94 at the time
of departure, "lose" the passport that had any US stamps on it and
then whenever filing any form that asks for stays in the US write down
less than the allowed period of prior visas.

AFAIK, US immigration (especially pre-11/9), did not have any
independent way to verify a departure (other than the I-94), thus your
problem would have been solved!

As for your current situation, the neanderthal [sic?] bureaucrats that
work within the US migration system are very unlikely to "spot" any
issue if the Consulate doesn't (why are you so sure they won't is a
mystery however).

Andrew Defaria

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Folinskyinla wrote:

    >Originally posted by dano1
    >
    >>so once you have been admitted, does that "forgive" the overstay, or could the problem resurface at anytime during the process, for example aos interview or naturalization interview.
    >>
    >That is one excellent question.
What might the excellent answer be? ;-)
--
One-seventh of your life is spent on Monday.

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Folinskyinla wrote:<br>
<blockquote type="cite" cite="[email protected]">
<pre wrap="">Originally posted by dano1
</pre>
<blockquote type="cite">
<pre wrap="">so once you have been admitted, does that "forgive" the overstay, or could the problem resurface at anytime during the process, for example aos interview or naturalization interview.
</pre>
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<pre wrap=""><!---->
That is one excellent question.</pre>
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What might the excellent answer be? <span class="moz-smiley-s3"><span>
;-) </span></span><br>
-- <br>
One-seventh of your life is spent on Monday.<br>
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Mrtravel

lpdiver wrote:

    > I believe this is why often they charge as much if not more for the one
    > way ticket.

No.. One way tickets often cost more than less restrictive return
tickets. But, there are different economy fares classes on both one way
and return fares... In the US, most one way tickets are "unrestricted"
and can cost more than a return ticket with restrictions.

The airline isn't fined because you previously overstayed or were denied
entry for another reason. They only get fine if you don't have the
correct documents. That would be a passport, or a passport and a visa
(if needed)

Hypertweeky

Hey everyone there!!

My lawyer told me I don't need a waiver so many times, But everytime I worry because of what I read here, I ask him again.. so this is what he wrote me:"Maria: you did not overstay more than six months, therefore you aren't subject to any bars. No bars, therefore no waiver. You can ask me this another 100 times and I will tell you the same answer. Don't worry about it, Deal? Cheers, James.
Lol poor atty