I-131 Waiver for unlawful presence

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Chigapo

Registered Users (C)
Kind people please help me with the following. I submitted an I-131 application for Travel document (based on marriage to a USC), however my lawyer told me that it will be denied because I overstayed my visa, and the "Waiver for unlawful presence" will have to requested. Has anyone gone through this process, and how long will this take to get a waiver.

Thanks!!!
 
Your lawyer is correct. even if you could get the AP, don't go out if you overstayed your visa, the border officers can still deny your admission.
 
When you filed the form there is a part in the instructions that says CAUTION about if you overstayed your visa for more than xx days or less than xx days, you shouldn't apply for Travel Document.

Anyway, there is always a risk that you don't get the permission to re-entry the country at the port of entry while you are in AOS processing, since USCIS doesn't guarantee to anynobody that.

For how long you overstayed your visa?

Good luck,
 
Overstayed for more than a year. But I am in the process of AOS. Does anybody know how the Waiver process works, and how long it takes?
 
Definetly if you go out you will be bar for 10 years. You can't apply that is stated at the form, did you read it?

Sorry my curiosity but why is your need to travel?

Good luck,
 
Thanks for your reply Cherri. One thing that it is written that "one can not travel if he/she overstayed visa", and another thing that this fixable if you apply for a waiver for an unlawful presence. My questions is very simple: Does anyone know how to do it, or have applied for such waiver?
 
Here is your answer

If you ask if there is a way to file a waiver for your overstay, of course there is one for you, but I do not think that it is a joy ride. It is definitely not as easy as YES or No.
You can visit http://www.immigrate2us.net/forum/portal.php forum and click on 601 waiver. After reading so many sad stories and tedious procedures, you probably will not raise same question again unless it is life-death situation or you do not care to move to the U.S. in a reasonable time.
 
Okay hold hold on...fixable? no dear, a waiver is not a fix. For a waiver you have to demostrate that is a hardship for your relation, life or death, something like that.

Let's see that you get your waiver, the point is that the USCIS doesn't guarantee your come back, because is not a right that you earn see? is not like "I have to go back, let me in you gave me a waiver"...so who cares?. Is not as simple as that, the officer at the port of entry can look all that and tell you nop and he/she has the last word, but well at the end is your call apparently you really want to travel.


In any case, good luck.
 
Chigapo said:
What about the waiver then? Does it mean anything to the guy at the boarder?
Click to expand...

Every time you file the I-131 you see the big red warning : Admission into the U.S. is not guaranteed. In all cases, the alien is still subject to immigration inspection at a port of entry to determine whether the alien is admissible into the country.

The POE officer has a full authority to inspect and question you, your status and the purpose of your travel.

From what I know you cannot travel outside US until you in a legal status again – as if Permanent Resident. You just have to be safe and wait.

You might be asked to sign that waiver during your adjustment interview in order for INS to “forgive you your overstay”, but It won’t help you until then.

Also, you cannot use the advances parole if you don’t even have a passport.
All this talk about the waiver is pointless.
 
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