Hello Visa Officers and thank you very much for your dedication and time.
I married an American and had a daughter while living in the US. I entered the US legally on a B1/B2 visa back in 1994. I overstayed my visa at the time for more than 1 year (14 years to be exact) which I believes comes with a 10 year ban. We left the US in 2008. Now we have applied for my immigrant visa to move back to the US. After almost 2 years I have a consular interview on Tuesday September 29th. The question is; Does the Consular Visa Officer have any leeway in issuing the Immigrant visa regardless of my overstaying, considering that I never committed a crime, I have been married to a US citizen for over 15 years, I have a US born daughter (both wanting to come back to the US), and that I (we) left the US voluntarily over 7 years ago, or must the Consular Visa Officer apply the 10 year ban. If the latter, will I still be able to visit the US?
Very nervous about the outcome and our future.
With kind regards

VisaOfficer:


Eek, don't worry! Knowing that you've had your interview, my interpretation has changed! I'm guessing your case is just fine, but the officer hasn't physically clicked the Print Authorization button yet so there's nothing for the computer to update.

(Often officers don't click the button until they know that someone will sit down to print visas in the next few hours -- otherwise some computerized parts of the case expire and have to be re-done before the visa can be printed -- it's a technological thing, and has nothing to do with the merits of the case. So sometimes an officer will say "Your visa is approved" and write that in the case notes and all over the folder the paperwork's kept in, but because she hasn't clicked the button yet, the status remains unchanged.)

OMG, thank you ma.. thank you. wow... so its normal then..

chileanmak:
Hello Visa Officers and thank you very much for your dedication and time.
I married an American and had a daughter while living in the US. I entered the US legally on a B1/B2 visa back in 1994. I overstayed my visa at the time for more than 1 year (14 years to be exact) which I believes comes with a 10 year ban. We left the US in 2008. Now we have applied for my immigrant visa to move back to the US. After almost 2 years I have a consular interview on Tuesday September 29th. The question is; Does the Consular Visa Officer have any leeway in issuing the Immigrant visa regardless of my overstaying, considering that I never committed a crime, I have been married to a US citizen for over 15 years, I have a US born daughter (both wanting to come back to the US), and that I (we) left the US voluntarily over 7 years ago, or must the Consular Visa Officer apply the 10 year ban. If the latter, will I still be able to visit the US?
Very nervous about the outcome and our future.
With kind regards

The Consular officer will certainly find that you are ineligible to enter the United States due to your considerable period of unlawful presence there. As long as you have no other ineligibilities, however, there is a waiver available, which the officer will tell you about at the time of the interview. There's no guarantee that your waiver application will be approved, but you're free to apply. If it's not approved, from what you've written, your ban will expire in 2018.

I sincerely doubt that you will ever qualify for a B1/B2 non-immigrant visa again, as you are clearly an intending immigrant who misused the last B1/B2 you were issued.

It's also worth mentioning that if your spouse is the petitioner and he or she now resides in Nigeria with you, there's no reason why you should be issued a visa. The purpose of immigrant visas is to reunite family members who are separated, and your family lives as a unit in Nigeria. Even with a waiver or after the ban has expired, the officer will likely not issue a visa if the petitioner does not reside in the United States. At the very least, you'll need to convince the officer that you all intend to return together -- but the officer may require evidence that the petitioner has established a residence in the U.S. before a visa can be issued.

Hello again and thank you for your quick response.
My spouse and daughter are currently living in the US (due to work and family issues) and the reason to apply for the immigration visa for myself.
I actually carry a Canadian passport so I don't need a visa to enter. I have actually entered and timely left the US many times after 2008.
Should I rescheduled then my interview and apply for the waiver? I need to be able to continue visiting the States as my spouse and daughter are there. I am afraid of loosing that ability and having our family split for 3 years.
Thanks again for your kind support.

chileanmak:
Hello again and thank you for your quick response.
My spouse and daughter are currently living in the US (due to work and family issues) and the reason to apply for the immigration visa for myself.
I actually carry a Canadian passport so I don't need a visa to enter. I have actually entered and timely left the US many times after 2008.
Should I rescheduled then my interview and apply for the waiver? I need to be able to continue visiting the States as my spouse and daughter are there. I am afraid of loosing that ability and having our family split for 3 years.
Thanks again for your kind support.

You should attend the interview so the officer can help you determine which waiver best suits your situation. It's a bad idea to trust your Canadian passport, because at this point, frankly, you're knowingly breaking the law by using the Canadian passport to avoid the consequences of your unlawful presence; at some point you're going to try to use it and be denied entry. (If you didn't know that you were breaking the law, well, I've just informed you, and now you know.)

To be honest, you'll probably get the waiver, unless you have additional ineligibilities besides the overstay. But it's time to see a Consular officer and go about this legally, before you create even larger problems for yourself.

chileanmak:
Hello again and thank you for your quick response.
My spouse and daughter are currently living in the US (due to work and family issues) and the reason to apply for the immigration visa for myself.
I actually carry a Canadian passport so I don't need a visa to enter. I have actually entered and timely left the US many times after 2008.
Should I rescheduled then my interview and apply for the waiver? I need to be able to continue visiting the States as my spouse and daughter are there. I am afraid of loosing that ability and having our family split for 3 years.
Thanks again for your kind support.

Also -- I should mention that it's in your best interest to stop entering the U.S. on your Canadian passport, so the officer doesn't find that your ten-year ban actually begins in 2015 (or whatever the last date you left the U.S. was).

The ten year bar to re-entry into the U.S.: The ten year bar applies to individuals unlawfully present in the U.S. for an aggregate period of one year or more who depart voluntarily (aggregate = USCIS adds up all time in US without lawful presence, even if from different periods of time and different stays ). Unlawful presence begins to accrue when the period of authorized stay expires or after an entry to the U.S. without inspection. Again, the bar is triggered by the act of departing the U.S., even if to consular process to obtain an immigrant visa. Yes, this may apply to you even if you are married to a U.S. citizen. Or even if you departed using your Canadian passport. Be careful.

WOW. I am actually in the States now preparing to leave for my interview and I actually didn't know that I was breaking the law. I thought that the ban applied only when applying for an immigrant visa.Thank you for that.
Is the waiver something that the Consular Officer is able to grant at the interview or is it a separate process. If the later do you have an idea of the processing times?
Thanks again

chileanmak:
WOW. I am actually in the States now preparing to leave for my interview and I actually didn't know that I was breaking the law. I thought that the ban applied only when applying for an immigrant visa.Thank you for that.
Is the waiver something that the Consular Officer is able to grant at the interview or is it a separate process. If the later do you have an idea of the processing times?
Thanks again

It's a separate process. The waiver application is filed with USCIS, and can take several months to process.

Again, if you have no other ineligibilities, you'll most likely be successful in applying for the waiver. But it does sound like you're in the U.S. illegally right now and your ten years will start from 2015. Your best course of action is to come to your interview and be completely honest.

Sorry. I just read your second post. So if I understand, entering the US with my Canadian passport would be viewed considered as illegal entry because of my previous time in the country on an expired visa. Is that correct?
My spouse is about to have life threatening surgery in a couple of weeks and the reason why I am here now.

chileanmak:
Sorry. I just read your second post. So if I understand, entering the US with my Canadian passport would be viewed considered as illegal entry because of my previous time in the country on an expired visa. Is that correct?
My spouse is about to have life threatening surgery in a couple of weeks and the reason why I am here now.

Your situation is pretty complicated. You were in the U.S. illegally at least from 1994 to 2008, and after 2008 you entered several times as a Canadian citizen even though you clearly knew you were under a 10-year ban. (Canadian citizens can be found inadmissible under section 212(a)(9)(B) of the Immigration and Nationality Act for unlawful presence just like everyone else, by the way, and Canadians who are ineligible due to unlawful presence are NOT eligible to enter the U.S. without a visa .) So, yes, it's quite possible that your time in the U.S. after 2008 will also be considered unlawful presence. The longer you stay in the U.S., the more unlawful presence you are accruing.

I seldom say this but it might be a good idea for your family to look into hiring an immigration attorney. And you should keep your appointment on September 29. Skipping it will very likely only make things worse.

Hello,

Please i need an urgent reply, my husband just called the NVC today to ask for the status of our case and they said what is remaining is the police report,

Please im not staying in Lagos, Can i get the police report in the location i am or must it be in Lagos and please can i send a scan copy.

Thank you.

Hello,

I was just tild that i have to do it in Lagos.

Plesse i will like to know how much is involved to get a pilice clearance.

Hi again,
I am even more confused now. I talked to an immigration attorney here in the States. His advise was to not go for my interview and stay here for my spouse's surgery and then reapply from within the US for what he called "Adjustment of Status", including the waiver that you were mentioning.
It seems to be the opposite to the previous posts.
I want to follow the law and not be apart from my family who needs now more than ever, specially if the surgery doesn't go well.
I have never been faced with such a horrible situation in my life. I want to do the right thing but it seems that I am pulled in the opposite direction.
What a predicament.

chileanmak:
Hi again,
I am even more confused now. I talked to an immigration attorney here in the States. His advise was to not go for my interview and stay here for my spouse's surgery and then reapply from within the US for what he called "Adjustment of Status", including the waiver that you were mentioning.
It seems to be the opposite to the previous posts.
I want to follow the law and not be apart from my family who needs now more than ever, specially if the surgery doesn't go well.
I have never been faced with such a horrible situation in my life. I want to do the right thing but it seems that I am pulled in the opposite direction.
What a predicament.

Well, the important thing to remember is that everything is going to work out, even if it's complicated for a little while.

I've been thinking about your situation and I think you may be eligible for what's called a provisional waiver of inadmissibility. If you're sure your only inadmissibility is the unlawful presence, then you could file the I-601A application for a waiver. Then if it's approved, when you come to your interview at the Consulate and the officer tells you you're ineligible, you can say "No, wait, I have a waiver." (Because you do have an inadmissibility, you can't simply adjust status in the U.S.; you'll need to appear at an Embassy or Consulate for your interview at some point.)

Now, in order to do this, you can't leave the United States until your waiver application is adjudicated. So you'd have to skip your Sept. 29 interview. It really goes against my heart as a Consular officer to point out that you could do that, but the I-601A option is an option, and you have the right to give it a shot if you think it would work for you and your family.

Please review http://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers carefully and see if you think the I-601A is right for you. Again, you may wish to consult an attorney.

If you do choose this route, please e-mail LagosIV@state.gov (you're interviewing in Lagos, right?) and let them know that you won't be attending the Sept. 29 interview but that you plan to reschedule in the future. It shouldn't take more than a few months for the waiver application to be adjudicated, but at any rate don't let more than 12 months pass without reaching out to the Consulate, or your case might be administratively closed. And if you leave the U.S. while the I-601A application is being adjudicated, you'll be considered to have voluntarily self-deported, so, you know, many I-601A filers decide to remain in the U.S. until they have a decision.

Again, there's no guarantee that the I-601A application will be approved, but if that's your only inadmissibility, well, I've seen a lot of approved I-601As in my day.

(I can't believe I'm writing on Nairaland that a possible legal course of action is to skip a Consular interview! And to consult an immigration attorney! This is so out of character! But hey, those are legal options for the situation you describe.)

(Also, note to other readers who may be in the U.S. illegally: The I-601A may not apply to your situation, so don't take chances, okay?)

winnie123:
Hello,

I was just tild that i have to do it in Lagos.

Plesse i will like to know how much is involved to get a pilice clearance.

We don't accept scanned copies of police certificates -- only original documents. Here's what our website ( http://travel.state.gov/content/visas/en/fees/reciprocity-by-country/NI.html ) says:

Available, for those in-country. The Nigerian Police Force no longer accepts requests made through the American Embassy. Applicants need to contact the Deputy Inspector General, Criminal Investigation Department, Nigeria Police Force, Alagbon Close, Ikoyi, Lagos, Nigeria. Fee should be in the form of a bank draft payable to the Deputy Inspector General of Police, Fingerprint Section, Nigeria Police Force. The applicant should bring information regarding their full name, place and date of birth, nationality, passport number, date and place of issuance (for current passport or passport used during applicant's stay in Nigeria), exact periods of residence in Nigeria and addresses where applicant resided. Each applicant 16 years of age and over must also provide (1) a copy of the first three data pages of his or her passport, (20) the pages containing Nigerian visas, entry and departure stamps and (3) a complete set of fingerprints taken by the police in the district where the applicant resides..

Applicants outside the country are advised that mailed requests for police certificates are not an effective method of obtaining the records. It is recommended that applicants outside Nigeria obtain a police certificate upon their next visit, or enlist the assistance of a friend or relative able to physically visit the Deputy Inspector General.

Dear VO, how many days of grace do I have to pickup my passport from the gss DHL collection center office.

I got a notification email since Sept 11 that the passport is ready for collection but I have not had time to travel to Lagos for this purpose.

I am planning to go to the DHL office around the 5th or 6th of October when I will be in Lagos, will my passport be at the collection center till this period?

Dear VO,
My husband filed an i-130 for my son and I early this year. I recently got a job offer in the states. Do you think I qualify for a j-1 visa or any other work visa considering my pending immigrant visa application.

Hello VO,
I just wanted to ask this..... What happens in a case where a person comes to the U.S.A with a non-immigrant visa ( from Nigeria) , stays for a while and eventually gets married to a LPR or a U.S. citizen? Is there any consequence in this regards and can the person adjust his/her status before returning back to Nigeria on the non-immigrant visa? Thanks.

Dear Visa Officer,

First of all, on behalf of myself, my new spouse and everybody, I want to thank you for this tremendously helpful forum. You, your family and unborn generation shall be richly blessed!

I came to the U.S in 2009 through DV. Whereas the consular officer subjected our case to Administrative Processing because of our marriage. Visas were eventually issued hence we migrated to the U.S. The marriage later broke down irretrievably. Divorced was finalized 2 years ago.

In 2015,I got married to another woman in Nigeria who I knew while I was in Nigeria before migrating. We developed real,strong & genuine affection for each other last year. I only went to Nigeria this 2015 and we got married.

Ma'am,because of the above, I'm really really concerned that her immigrant visa will be denied in Lagos.

What can we do? What are her chances

Please reply.

Thank you very much.

VisaOfficer:


When I saw you viewing this topic today, I noticed that you've replaced several of your previous posts with ".." . You know, your original posts remain preserved in their entirety in my replies to you; and in any case, all the details of your previous applications are recorded in our computer systems, so cleaning up Nairaland will likely not make a difference.

Apologies to the rest of our readers here -- I don't mean to sound grouchy -- just a reminder that we do keep records, and that the truth is always best.

Hi VO,
Are you saying that the embassy or consulate indites people or can deny people visa based on what they post or the questions they ask on Nairaland?This your post got me wondering.

Hello VO,

Please I am having what appear to be an unusual situation with my case.
My interview was August 28th, the questions were not complicated and after the interview, I was told "your visa is approved, you will receive a text message next week on how to pick your visa" he gave me a visa collection paper and circled the address where to pick the visa.
During the interview, he asked me basic questions like
1. My fiancé information, what he did for a living
2. How we met
3. How long he's been divorced (2 years), how many kids he had in the previous marriage and age (2 kids, 6 and 7).
4. if I plan to go to school...I replied, not full time, start a family and do part time later

CEAC website: status went from ready after the interview to AP...after a week and half, it changed to ready again...and next day AP until today
CGI federal site: status went from "visa with embassy" for about a week or more, to "document collection information" for the past 2 weeks
ustraveldocs site: status went from "visa with embassy" for over a week and after that, it just says "there is no status update for the passport number you have entered"

the strange part was:
22nd September Tuesday; I missed a call from the embassy, I called back and couldn't talk to a VO, I was asked by the front desk rep to send an email. I still don't know why they called, I sent an email and the reply I got on the 23rd was "we can't find a record of this case in our system" Lol! I replied again with all the information and received a response with the usual info that goes " you case is in AP, sometimes it take longer than...."

I have heard stories of our status is AP but people went and saw/picked-up the visa...I have called and emailed the collection center, but they just seem to type stuff into computer, probably in the same sites I use and tell me no status, and refer me to the ceac website.

Any advice, experience will be greatly appreciated.

bodejohn:
Dear VO, how many days of grace do I have to pickup my passport from the gss DHL collection center office.

I got a notification email since Sept 11 that the passport is ready for collection but I have not had time to travel to Lagos for this purpose.

I am planning to go to the DHL office around the 5th or 6th of October when I will be in Lagos, will my passport be at the collection center till this period?

These are questions for the collection center, or for LagosIV@state.gov. I'm not in Lagos any more and don't want to give you incorrect information.

Afao:
Dear VO,
My husband filed an i-130 for my son and I early this year. I recently got a job offer in the states. Do you think I qualify for a j-1 visa or any other work visa considering my pending immigrant visa application.

Sure, as long as you otherwise meet the qualifications for the J-1 or other work visa, having a pending immigrant petition is no problem at all!

select500:
Hello VO,
I just wanted to ask this..... What happens in a case where a person comes to the U.S.A with a non-immigrant visa ( from Nigeria) , stays for a while and eventually gets married to a LPR or a U.S. citizen? Is there any consequence in this regards and can the person adjust his/her status before returning back to Nigeria on the non-immigrant visa? Thanks.

Well, if the person knows she's going to get married, she ought to come on the proper visa, which is a K-1. But as long as she otherwise respects the terms of her visa and does not overstay, there's no penalty for getting married on a B1/B2. She can't just stay in the U.S. and adjust status, though, as her permissible time in the U.S. would certainly run out before an I-130 could be approved and processed. So she would have to return to her home country, at least for a while.

mybesthalf:
Dear Visa Officer,

First of all, on behalf of myself, my new spouse and everybody, I want to thank you for this tremendously helpful forum. You, your family and unborn generation shall be richly blessed!

I came to the U.S in 2009 through DV. Whereas the consular officer subjected our case to Administrative Processing because of our marriage. Visas were eventually issued hence we migrated to the U.S. The marriage later broke down irretrievably. Divorced was finalized 2 years ago.

In 2015,I got married to another woman in Nigeria who I knew while I was in Nigeria before migrating. We developed real,strong & genuine affection for each other last year. I only went to Nigeria this 2015 and we got married.

Ma'am,because of the above, I'm really really concerned that her immigrant visa will be denied in Lagos.

What can we do? What are her chances

Please reply.

Thank you very much.

The officer will likely have several questions for your spouse, but as long as the two of you have a bona fide spousal relationship and she has no ineligibilities, she will likely receive a visa.

veecee29:

Hi VO,
Are you saying that the embassy or consulate indites people or can deny people visa based on what they post or the questions they ask on Nairaland?This your post got me wondering.

Nothing on the internet can by itself cause a case to be either denied or approved. But sometimes things we see on the internet (including here) can open new lines of questioning. For instance, a quick Google search of someone's name can often lead to the photos they've posted of themselves and their families, including spouses who are not the petitioner in their IR1 visa case! We wouldn't refuse to issue a visa based solely on that evidence, but we would probably conduct a field investigation, etc.

We also know that people post a bunch of stuff that isn't necessarily true, for all sorts of reasons, so we wouldn't refuse a case just because someone posted "I'm married to someone who's not the petitioner." But we would take a very close look at their situation.

The only times I personally would sift through the Nairaland posts of a specific member were when I knew an applicant was a Nairalander, and when I also knew that he or she had a fraudulent application. Justwise will remember our friend from the DV thread who maintained a very spiritual online persona, but turned out to be an imposter with a fake marriage... I totally went back and read all that guy's posts, because he kept announcing that he was praying and fasting for a successful interview and I knew he wasn't the person in the original entry photo. But that guy got denied because he was an imposter, not because he posted to Nairaland. (I wonder how he's doing now...)

Oh, and sometimes people ask questions here that assume that I remember things they wrote in the past, so I'll go back to see if I can figure out what they're talking about.

But in general, we don't go looking for online information. Only when we think there's a reason to do so.

visa333:
Hello VO,

Please I am having what appear to be an unusual situation with my case.
My interview was August 28th, the questions were not complicated and after the interview, I was told "your visa is approved, you will receive a text message next week on how to pick your visa" he gave me a visa collection paper and circled the address where to pick the visa.
During the interview, he asked me basic questions like
1. My fiancé information, what he did for a living
2. How we met
3. How long he's been divorced (2 years), how many kids he had in the previous marriage and age (2 kids, 6 and 7).
4. if I plan to go to school...I replied, not full time, start a family and do part time later

CEAC website: status went from ready after the interview to AP...after a week and half, it changed to ready again...and next day AP until today
CGI federal site: status went from "visa with embassy" for about a week or more, to "document collection information" for the past 2 weeks
ustraveldocs site: status went from "visa with embassy" for over a week and after that, it just says "there is no status update for the passport number you have entered"

the strange part was:
22nd September Tuesday; I missed a call from the embassy, I called back and couldn't talk to a VO, I was asked by the front desk rep to send an email. I still don't know why they called, I sent an email and the reply I got on the 23rd was "we can't find a record of this case in our system" Lol! I replied again with all the information and received a response with the usual info that goes " you case is in AP, sometimes it take longer than...."

I have heard stories of our status is AP but people went and saw/picked-up the visa...I have called and emailed the collection center, but they just seem to type stuff into computer, probably in the same sites I use and tell me no status, and refer me to the ceac website.

Any advice, experience will be greatly appreciated.

There are many reasons for administrative processing, most of them quite benign. I have no way of knowing which one might apply in your case. The best course of action is probably to continue to e-mail the Consulate asking for updates every week or so (although hopefully it won't take more than a few days for everything to be resolved!).

VisaOfficer:


Nothing on the internet can by itself cause a case to be either denied or approved. But sometimes things we see on the internet (including here) can open new lines of questioning. For instance, a quick Google search of someone's name can often lead to the photos they've posted of themselves and their families, including spouses who are not the petitioner in their IR1 visa case! We wouldn't refuse to issue a visa based solely on that evidence, but we would probably conduct a field investigation, etc.

We also know that people post a bunch of stuff that isn't necessarily true, for all sorts of reasons, so we wouldn't refuse a case just because someone posted "I'm married to someone who's not the petitioner." But we would take a very close look at their situation.

The only times I personally would sift through the Nairaland posts of a specific member were when I knew an applicant was a Nairalander, and when I also knew that he or she had a fraudulent application. Justwise will remember our friend from the DV thread who maintained a very spiritual online persona, but turned out to be an imposter with a fake marriage... I totally went back and read all that guy's posts, because he kept announcing that he was praying and fasting for a successful interview and I knew he wasn't the person in the original entry photo. But that guy got denied because he was an imposter, not because he posted to Nairaland. (I wonder how he's doing now...)

Oh, and sometimes people ask questions here that assume that I remember things they wrote in the past, so I'll go back to see if I can figure out what they're talking about.

But in general, we don't go looking for online information. Only when we think there's a reason to do so.

he is probably here with another ID because i banned that ID for a long time.

Dear VO,
I know you'll be leaving us very soon. Everyone here is going to miss you. All the same, our blessings goes with you.
Our petition (cr1) was approved recently. We have also started gathering AOS and IV packages. My problems is this. I have NPC attestation of birth instead of certificate as I was born born before 1992.Please, is this acceptable? Or do I need to go to my Local govt and obtain birth certificate?
Does NVC also require the thumbs print paperwork of Police character certificate?
I want to make sure we avoid checklist from NVC.
Thanks

Gabbyking:
Dear VO,
I know you'll be leaving us very soon. Everyone here is going to miss you. All the same, our blessings goes with you.

Thanks so much! Yes, tomorrow will be my last day on Nairaland...

Our petition (cr1) was approved recently. We have also started gathering AOS and IV packages. My problems is this. I have NPC attestation of birth instead of certificate as I was born born before 1992.Please, is this acceptable? Or do I need to go to my Local govt and obtain birth certificate?
I want to make sure we avoid checklist from NVC.
Thanks

I know someone else here recently had some problems with the NPC attestation of birth, so if you can get a local government birth certificate, that's probably a good idea!

As for the police certificate, I don't know if NVC requires the fingerprint page, but I know the Consulate requires it. In any case, better safe than sorry.

justwise:


he is probably here with another ID because i banned that ID for a long time.

Well, whatever his real name is, we have his photo and fingerprints on file, so he's not going to sneak past us.

Thanks so much! Yes, tomorrow will be my last day on Nairaland...



I know someone else here recently had some problems with the NPC attestation of birth, so if you can get a local government birth certificate, that's probably a good idea!

As for the police certificate, I don't know if NVC requires the fingerprint page, but I know the Consulate requires it. In any case, better safe than sorry.[/quote]

Thanks so much VO .I wish you a wonderful stay in your new assignment. We will miss you .