Overstaied B2 Visa less than 180 days, came back apply CR1

[nikii]

Overtstay B1B2 Visa for 2 weeks, came back China on my own, now applying for CR1 visa.

 

will I get denial?

Any possible VO ask me to apply waiver?

How bad it is?

 

 

 

I have been researching online but I got nothing, some people on VJ overstay their B visa less than 180 days still got CR1 visa,

 

But thats not in Guangzhou, not in China, I wonder if there is anyone in similar situation like me? Please help me out.

 

Thanks!

Edited February 21, 2012 by nikii (see edit history)

[dnoblett]

Will be a mixed bag. But an overstay of less that 180 days will not place a bar on you that would require a waver application.

 

They may ask questions about the overstay, but will not deny requiting waiver.

 

The section of 212 code that concerns you is 212(a )(9 )(B )(i )(I ), you are NOT considered ineligible because you did NOT overstay more than 180 days, so will not be required to file a waiver.

Section 212(a ) of the Immigration and Nationality Act reads:

 

(a ) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

....

(9 ) ALIENS PREVISOUSLY Removed.-

(B ) ALIENS UNLAWFULLY PRESENT.-

 

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

 

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e )) prior to the commencement of proceedings under section 235(b )(1 ) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

 

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

 

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

http://travel.state....ies_1364.html#1

http://travel.state....ies_1364.html#2

[nikii]

Thanks! guess I wont be able to know the result until I go to the interview.

 

I will repare all documents hopefully I will get approved.