usvisa

No. Visa was refused last time when I've applied more than 6 years ago. That's why I need waiver.
I have the terrible feeling that my application is forgotten in somebody's computer and not moving nowhere.

LT1

What was the "small immigration violation"?

usvisa

Simple overstayed, long time ago. No criminal or any other violation anywhere in the world. On these pages I've seen people with heavy criminal activities in their past, time in prison etc. being granted visas in 4-5 months.

usvisa

Thanks for the tip. I have never heard of it before to be honest... Did some research and from what I've learned is that you most likely need an attorney. Cost money, takes few months at least (with my damn luck will be longest one). No guarantee, but most important is. I am not sure about the exact procedure and which Federal Court I should send petition to..? They are 49 in total and 13 District...
After all, the key is in the details!
If you can help. please send me private message please. Will be highly appreciated.

SanDiegogirl

How long did you overstay?

Do you have family in the US or are they all in the UK?

S Folinsky

The use of the words words most likely is an understatement. You do need an attorney on that one inasmuch it would be exercising a nuclear option. One nice thing about federal court is that when a suit is filed and served (pursuant to FRCP Rule 4), the Federal official involved has 60 days to file a response with the court. The US Attorney will ask the agency WTF is happening inasmuch no attorney likes to appear before a Federal Judge with their fly unzipped, a singularly unpleasant experience.

Do note that a written denial of the waiver is a win in the context of a mandamus action. Hence the reference to the nuclear option.

There may be ways to handle the problem way short of the nuclear option. Perhaps not. If it is important to you, legal counsel is in order.

usvisa

Thanks very much. You kind of completed my sentence. That was in my mind after reading about Writ of Mandamus. Obviously I cannot physically appear in the court being in UK.

usvisa

More than 180 days, sensing your question. Yes my family is in UK. No reunion either. We left US voluntarily, after that I visited once for only 8 days despite I was allowed 90.

christmasoompa

I'm a bit confused by your timings. When was the overstay? When you say 'after that I visited once for only 8 days despite I was allowed 90' that was before the overstay? Or after it?

usvisa

After. We left the US. Then next year I visited for 8 days.

christmasoompa

So were you a child when you overstayed?

usvisa

Not at all. Definitely not.

christmasoompa

Then I'm thoroughly confused. If you overstayed over 180 days as an adult then surely you had a 3 year ban? Yet somehow visited the next year? And you mention 'visited once for only 8 days despite I was allowed 90', so that sounds as though you visited on the VWP - yet were no longer eligible to use the VWP either.

So sounds like you visited when you shouldn't have and I suspect this is the issue. I don't think this is a 'simple overstay' at all unless I'm misunderstanding what you're saying.

S Folinsky

Who said you would have to physically appear?

Legal consultation might be in order.

S Folinsky

I’ve handled cases in the past where consular refusal was erroneous.