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Immigration Law

I have been under a f1, i have overstay for more than one…

Customer Question
I have been under...

I have been under a f1, i have overstay for more than one year. i have left us for now 3 years, i have a work opportunity for a 02 visa, would i be eligible?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

No

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 2 months ago.Category: Immigration Law
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Answered in 5 minutes by:
12/11/2017
Immigration Lawyer: Expert James, Lawyer replied 2 months ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,666
Experience: Write FOR JAMES to get my help!
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Hello! My name is***** have over 12 years of legal experience. Please allow me some time to review your question.

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Customer reply replied 2 months ago
Hi James, any updates?
Immigration Lawyer: Expert James, Lawyer replied 2 months ago

Hi there,

I am preparing your answer now. Sorry for the slight delay; there was something wrong with the system but htat has been resolved.

In the meantime, it is important that you don't send check-in messages like "any updates?" or "hello?". It does not help you get your answer any faster; instead, it puts your question at the bottom of the list, causing further delays. I will have your answer shortly. Thank you for your patience and understanding.

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Immigration Lawyer: Expert James, Lawyer replied 2 months ago

Sorry for the slight delay, and thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: Yes, you would be eligible, as long as you can overcome the inadmissibility for the previous overstay.

If neither the USCIS nor an immigration court/judge told you to leave the US and you overstayed after that, then you did not accrue unlawful presence. That means you only have the overstay, which means you are not subject to a specific ban. You would require a waiver of inadmissibility for the immigration violation, however.

To do that, you will need to file a Nonimmigrant Visa (Hranka) Waiver of Inadmissibility.

To apply, you request it directly with the consular officer at the time of going to the consulate. You must show that you do not pose a risk of harm to the US, prove that any prior criminal or immigration violations are not of a serious nature, and establish a valid reason for wishing to enter the US.

You usually must supply a written legal argument outlining the law and the reasons why you qualify for the waiver.

I urge you to find an attorney that can help you prepare this waiver.

I hope that answers your questions.

▼ RATING REQUIRED! ▼ Please remember to click on 4 or 5 stars (★★★★) on your computer screen. This is important because this is how I get credit for doing my job.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

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Customer reply replied 2 months ago
Thank you James, how can i check if neither the USCIS nor an immigration court/judge told me to leave the US? is there any list of names available to check? i haven't official any official letters.
How long takes Nonimmigrant Visa (Hranka) Waiver of Inadmissibility to be done?
Customer reply replied 2 months ago
i haven't received any official letters.
Immigration Lawyer: Expert James, Lawyer replied 2 months ago
Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!ANSWER: If you haven't moved and you haven't received anything (I.e., deportation order) then you probably weren't issued anything.There is no published timeline or processing times for the waiver. It depends on how busy the consulate is.PLEASE do not forget that positive rating. Thank you!
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Immigration Lawyer: Expert James, Lawyer replied 2 months ago

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but I have not received credit for it. Remember that the rating is not based on the outcome you wanted or desired, but instead, on my service to you. Negative ratings are reserved for Experts who are rude or unprofessional.

Do you need more help?

Thank you!

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