Waivers and Marriage based US visa.
May 30th 2004, 11:01 pm
#1
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Thread Starter
Joined: May 2004
Location: Pakistan
Posts: 10
Waivers and Marriage based US visa.
Had been living in US for the last 12 years.
Got back to Pakistan Jan 2004.
Already have a social security card.
I overstayed my US student visa. Overstayed 5 years.
Got married in Pakistan. IN Feb 2004.
Received NOA April 30, 2004 on I-129F and I-130.
Lawyer filed for I-212. May 15, 2004.
Can anyone tell me of any case. Like this...........Where a waiver is involved on overstaying a visa.
And how it differs from a regular case.
Got back to Pakistan Jan 2004.
Already have a social security card.
I overstayed my US student visa. Overstayed 5 years.
Got married in Pakistan. IN Feb 2004.
Received NOA April 30, 2004 on I-129F and I-130.
Lawyer filed for I-212. May 15, 2004.
Can anyone tell me of any case. Like this...........Where a waiver is involved on overstaying a visa.
And how it differs from a regular case.
Last edited by shafeez; Jun 1st 2004 at 6:08 pm.
May 31st 2004, 12:41 am
#2
Concierge
Joined: Apr 2001
Posts: 46,474
Re: Waivers and Marriage based US visa.
Originally posted by shafeez
Have been living in US for the last 12 years.
Already have a social security card.
I overstayed my US student visa. Overstayed 5 years.
Got married in Pakistan. IN Feb 2004.
Received NOA April 30, 2004 on I-129F and I-130.
Lawyer filed for I-212. May 15, 2004.
Can anyone tell me of any case. Like this...........Where a waiver is involved on overstaying a visa.
And how it differs from a regular case.
Have been living in US for the last 12 years.
Already have a social security card.
I overstayed my US student visa. Overstayed 5 years.
Got married in Pakistan. IN Feb 2004.
Received NOA April 30, 2004 on I-129F and I-130.
Lawyer filed for I-212. May 15, 2004.
Can anyone tell me of any case. Like this...........Where a waiver is involved on overstaying a visa.
And how it differs from a regular case.
It differs because if the waiver is denied you have a lifetime ban on entering the US for any reason whatsoever. You abused the system by overstaying an F-1 by 5 years. Do a google search for this type of problem. There have been several in the past.
You say you have been living in the US for 12 years. Does that mean you are still here in the US or should you have written Had been living in the US for 12 years. I note you mention you married in Pakistan so you must have left the US at some point. Did you re-enter or are you still in Pakistan?
R
May 31st 2004, 7:10 am
#3
Guest
Posts: n/a
Re: Waivers and Marriage based US visa.
Rete wrote:
> It differs because if the waiver is denied you have a
> lifetime ban on entering the US for any reason whatsoever.
Lifetime? I thought an overstay over a year was a 10 year ban.
> It differs because if the waiver is denied you have a
> lifetime ban on entering the US for any reason whatsoever.
Lifetime? I thought an overstay over a year was a 10 year ban.
May 31st 2004, 6:07 pm
#4
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Joined: May 2004
Location: Pakistan
Posts: 10
Re: Waivers and Marriage based US visa.
I have a 10 year bar from entering the US. For which I have applied for the I-212 waiver. Its not lifetime ban.
I am currently in Pakistan.
I am currently in Pakistan.
May 31st 2004, 6:10 pm
#5
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Joined: May 2004
Location: Pakistan
Posts: 10
Re: Waivers and Marriage based US visa.
My wife is US citizen. She is waiting for me in US.
Got married on 2/15/04. My wife came to Pakistan to get married.
Applied for I-129F. Received NOA on 4/30/04.
Applied for I-130. Received NOA on 4/30/04.
Applied for I-212 on 5/12/04.
Got married on 2/15/04. My wife came to Pakistan to get married.
Applied for I-129F. Received NOA on 4/30/04.
Applied for I-130. Received NOA on 4/30/04.
Applied for I-212 on 5/12/04.
May 31st 2004, 9:55 pm
#6
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Waivers and Marriage based US visa.
Originally posted by shafeez
Have been living in US for the last 12 years.
Already have a social security card.
I overstayed my US student visa. Overstayed 5 years.
Got married in Pakistan. IN Feb 2004.
Received NOA April 30, 2004 on I-129F and I-130.
Lawyer filed for I-212. May 15, 2004.
Can anyone tell me of any case. Like this...........Where a waiver is involved on overstaying a visa.
And how it differs from a regular case.
Have been living in US for the last 12 years.
Already have a social security card.
I overstayed my US student visa. Overstayed 5 years.
Got married in Pakistan. IN Feb 2004.
Received NOA April 30, 2004 on I-129F and I-130.
Lawyer filed for I-212. May 15, 2004.
Can anyone tell me of any case. Like this...........Where a waiver is involved on overstaying a visa.
And how it differs from a regular case.
I find it necessary to read "betweem the lines" here. If I am incorrect here, my apologies.
You appear to leave out one little salient fact -- an I-212 is filed when one has been formally "removed" [the new term for "deported."]. Were you removed due to the NSEERS program?
An overstay on a student visa doesn't invoke the "3/10 year bars" for overstay because an F-1 is admitted for "durattion of status" and not for a time certain.
They differ from the regular case in that no visa will be granted until the I-212 is granted. And I'm not going to even begin to give a time estimate on that one.
Jun 1st 2004, 3:33 pm
#7
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Joined: May 2004
Location: Pakistan
Posts: 10
Re: Waivers and Marriage based US visa.
Yes you are right. I was formally removed/deported.
Since I misunderstood one of the dates INS had put on the reporting. While my appeal was pending at the BIA.
I had voluntary departure ordered by immig judge for Aug 20, 2003.
I appealed my case since I was unable to leave and about to get married. My appeal got denied on Aug 18, 2003.
When I had a report date with INS for Sept 22, 2003.
I got arrested by INS for not following my voluntary departure date. Eventhough I explained to INS that I can leave in a short time. And I am planning to get married in a few days.
My wife's divorce was not final. Which is why it got late.
INS kept me for 4 months in and deported me.
Since I misunderstood one of the dates INS had put on the reporting. While my appeal was pending at the BIA.
I had voluntary departure ordered by immig judge for Aug 20, 2003.
I appealed my case since I was unable to leave and about to get married. My appeal got denied on Aug 18, 2003.
When I had a report date with INS for Sept 22, 2003.
I got arrested by INS for not following my voluntary departure date. Eventhough I explained to INS that I can leave in a short time. And I am planning to get married in a few days.
My wife's divorce was not final. Which is why it got late.
INS kept me for 4 months in and deported me.
Jun 1st 2004, 3:45 pm
#8
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Thread Starter
Joined: May 2004
Location: Pakistan
Posts: 10
Re: Waivers and Marriage based US visa.
I went to register with INS on the NSEER program. And that started it all.
Jun 1st 2004, 4:44 pm
#9
Forum Regular
Joined: Jan 2003
Posts: 96
Re: Waivers and Marriage based US visa.
shafeez,
I just briefly scanned this. My husband overstayed in the USA a couple years then left (I am USC). We applied for both the I-601 (for the overstay) and the I-212 (for a deportation). Both were approved. He is here now.
One little thing I am concerned about in your case. Are you in the USA right now? i.e. did you re-enter the USA after the deportation or after the overstay? If so, this could cause you A LOT of problems (i.e. you would not be eligible to file the waiver, if that entry was "without inspection")
If you are not in the USA, then as long as your USC/LPR wife writes a good "hardship letter" then there is a good chance that you will be able to return!
Anyway, I only check this board every so often, but I check www.immigrate2us.net pretty much every day... so, please feel free to come and visit that forum (there is information on the I-601 and I-212 there and you can either send me a private message or an e-mail, or just post.) Besides people are really friendly there!!!
www.immigrate2us.net
I just briefly scanned this. My husband overstayed in the USA a couple years then left (I am USC). We applied for both the I-601 (for the overstay) and the I-212 (for a deportation). Both were approved. He is here now.
One little thing I am concerned about in your case. Are you in the USA right now? i.e. did you re-enter the USA after the deportation or after the overstay? If so, this could cause you A LOT of problems (i.e. you would not be eligible to file the waiver, if that entry was "without inspection")
If you are not in the USA, then as long as your USC/LPR wife writes a good "hardship letter" then there is a good chance that you will be able to return!
Anyway, I only check this board every so often, but I check www.immigrate2us.net pretty much every day... so, please feel free to come and visit that forum (there is information on the I-601 and I-212 there and you can either send me a private message or an e-mail, or just post.) Besides people are really friendly there!!!
www.immigrate2us.net
Jun 1st 2004, 5:58 pm
#10
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Joined: May 2004
Location: Pakistan
Posts: 10
Re: Waivers and Marriage based US visa.
I am currently in Pakistan.
Jun 2nd 2004, 2:23 am
#11
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Waivers and Marriage based US visa.
Originally posted by shafeez
Yes you are right. I was formally removed/deported.
Since I misunderstood one of the dates INS had put on the reporting. While my appeal was pending at the BIA.
I had voluntary departure ordered by immig judge for Aug 20, 2003.
I appealed my case since I was unable to leave and about to get married. My appeal got denied on Aug 18, 2003.
When I had a report date with INS for Sept 22, 2003.
I got arrested by INS for not following my voluntary departure date. Eventhough I explained to INS that I can leave in a short time. And I am planning to get married in a few days.
My wife's divorce was not final. Which is why it got late.
INS kept me for 4 months in and deported me.
Yes you are right. I was formally removed/deported.
Since I misunderstood one of the dates INS had put on the reporting. While my appeal was pending at the BIA.
I had voluntary departure ordered by immig judge for Aug 20, 2003.
I appealed my case since I was unable to leave and about to get married. My appeal got denied on Aug 18, 2003.
When I had a report date with INS for Sept 22, 2003.
I got arrested by INS for not following my voluntary departure date. Eventhough I explained to INS that I can leave in a short time. And I am planning to get married in a few days.
My wife's divorce was not final. Which is why it got late.
INS kept me for 4 months in and deported me.
Your case is a complicated one -- and one I would not venture any more guesses without seeing your paperwork -- and I'm not your attorney.
You may very well need an I-601 on top of the I-212 -- the deport order may very well have started the "clock" on the three year bar for overstay.
I've been at this for 28 years, and off the top of my head, I now have more legal questions than answers. For what it is worth, you need a quite competent immigration lawyer on this one. And I would treat a shrug of "no problems, trust me" as a warning sign about that lawyer.
Good luck.
Jun 2nd 2004, 3:47 am
#12
Forum Regular
Joined: Aug 2003
Location: Toronto
Posts: 82
Re: Waivers and Marriage based US visa.
Originally posted by Folinskyinla
Hi:
Your case is a complicated one -- and one I would not venture any more guesses without seeing your paperwork -- and I'm not your attorney.
You may very well need an I-601 on top of the I-212 -- the deport order may very well have started the "clock" on the three year bar for overstay.
I've been at this for 28 years, and off the top of my head, I now have more legal questions than answers. For what it is worth, you need a quite competent immigration lawyer on this one. And I would treat a shrug of "no problems, trust me" as a warning sign about that lawyer.
Good luck.
Hi:
Your case is a complicated one -- and one I would not venture any more guesses without seeing your paperwork -- and I'm not your attorney.
You may very well need an I-601 on top of the I-212 -- the deport order may very well have started the "clock" on the three year bar for overstay.
I've been at this for 28 years, and off the top of my head, I now have more legal questions than answers. For what it is worth, you need a quite competent immigration lawyer on this one. And I would treat a shrug of "no problems, trust me" as a warning sign about that lawyer.
Good luck.
Wasn't the whole "mass deportation" a long overdue cleanup after authorities realized how laxed they were in the past on letting people in?
Here, I'm concerned about my K-3 from Canada. Completely legal all through my previous US employment etc.
The reason why all the "legal" people have to wait and suffer is because of all the illegal BS, rule breaking, scamming etc. that's gone on in the past.
K
Jun 2nd 2004, 6:11 am
#13
Guest
Posts: n/a
Re: Waivers and Marriage based US visa.
shafeez wrote:
> I went to register with INS on the NSEER program. And that
> started it all.
You went to register knowing that you had been in the US illegally for
12 years?
> I went to register with INS on the NSEER program. And that
> started it all.
You went to register knowing that you had been in the US illegally for
12 years?
Jun 2nd 2004, 6:14 am
#14
Guest
Posts: n/a
Re: Waivers and Marriage based US visa.
shafeez wrote:
> Yes you are right. I was formally removed/deported.
> Since I
> misunderstood one of the dates INS had put on the reporting. While my
> appeal was pending at the BIA.
>
> I had voluntary departure ordered by
> immig judge for Aug 20, 2003.
> I appealed my case since I was unable to
> leave and about to get married. My appeal got denied on Aug 18, 2003.
>
> When I had a report date with INS for Sept 22, 2003.
> I got arrested by
> INS for not following my voluntary departure date. Eventhough I
> explained to INS that I can leave in a short time. And I am planning to
> get married in a few days
I don't understand why you would expect USCIS to be lenient after you
lived in the US illegally for 12 years, AND refused to leave when you
were ordered to depart the US. It sounded like you wanted to dictate
your departure time to them.
> Yes you are right. I was formally removed/deported.
> Since I
> misunderstood one of the dates INS had put on the reporting. While my
> appeal was pending at the BIA.
>
> I had voluntary departure ordered by
> immig judge for Aug 20, 2003.
> I appealed my case since I was unable to
> leave and about to get married. My appeal got denied on Aug 18, 2003.
>
> When I had a report date with INS for Sept 22, 2003.
> I got arrested by
> INS for not following my voluntary departure date. Eventhough I
> explained to INS that I can leave in a short time. And I am planning to
> get married in a few days
I don't understand why you would expect USCIS to be lenient after you
lived in the US illegally for 12 years, AND refused to leave when you
were ordered to depart the US. It sounded like you wanted to dictate
your departure time to them.
Jun 2nd 2004, 6:41 am
#15
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Waivers and Marriage based US visa.
Originally posted by Mrtravel
shafeez wrote:
> Yes you are right. I was formally removed/deported.
> Since I
> misunderstood one of the dates INS had put on the reporting. While my
> appeal was pending at the BIA.
>
> I had voluntary departure ordered by
> immig judge for Aug 20, 2003.
> I appealed my case since I was unable to
> leave and about to get married. My appeal got denied on Aug 18, 2003.
>
> When I had a report date with INS for Sept 22, 2003.
> I got arrested by
> INS for not following my voluntary departure date. Eventhough I
> explained to INS that I can leave in a short time. And I am planning to
> get married in a few days
I don't understand why you would expect USCIS to be lenient after you
lived in the US illegally for 12 years, AND refused to leave when you
were ordered to depart the US. It sounded like you wanted to dictate
your departure time to them.
shafeez wrote:
> Yes you are right. I was formally removed/deported.
> Since I
> misunderstood one of the dates INS had put on the reporting. While my
> appeal was pending at the BIA.
>
> I had voluntary departure ordered by
> immig judge for Aug 20, 2003.
> I appealed my case since I was unable to
> leave and about to get married. My appeal got denied on Aug 18, 2003.
>
> When I had a report date with INS for Sept 22, 2003.
> I got arrested by
> INS for not following my voluntary departure date. Eventhough I
> explained to INS that I can leave in a short time. And I am planning to
> get married in a few days
I don't understand why you would expect USCIS to be lenient after you
lived in the US illegally for 12 years, AND refused to leave when you
were ordered to depart the US. It sounded like you wanted to dictate
your departure time to them.
Be nice.
Neither you not I know all the details -- and the NSEERS was one total FUBAR -- it was a waste of government time and didn't advance its ostensible goals. I have some cases where we are still trying to clean up the resulting messes. Very weird things happened in the process.
