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Hi, I am from Solipuram resident of India wish to go to USA to join my family in New Jersey, USA. I've been working as a software engineer in India and I was also working in USA on H1B1 Non immigrant visa since Jun 98.
I got married to a Lawful Permanent Resident of USA in Nov 1999. After marrying I continued working in USA on my H1B1 Non immigrant visa. My wife has applied for my Green Card (I-130 - Petition for Alien Relative) in June 2000 and the petition has been approved on Apr 9, 2002.
I also wish to inform you that I’ve overstayed my visa period for approximately 10 months (Nov 01 2001 to Aug 29 2002) during my last visit to the USA on H1B1 Non immigrant visa. This is because my wife gave birth to a baby girl on Sep 06 2001 and neither did she had enough money to make living and bring up the baby nor was she in a position to work. I
lost my job at the same time and unfortunately my I-94 also got expired. I overstayed the Visa duration and worked to bring up my baby girl.
I came back to India for some personal reasons on my own on Aug 29 2002. Though I overstayed my visa duration during my last visit to USA I’m eligible and still qualify to enter in to USA under the section 212(g)(h)(i) and (a)(9)(B)(v) of Immigration and Nationality Act.
With out knowing the fact that my I-130 petition for Alien Relative got approved I’ve applied for V-VISA with American Consulate in Chennai India and the same has been denied to me under section 212(a)(9)(B)(1) on Mar 23, 2004 because of overstaying the H1B1 Non Immigrant Visa period. Consular Officer in Chennai advised me to fill in some applications to apply for the VISA WAIVER for unlawful presence and pay $250 as
the penalty. I paid $250 as the penalty for
overstaying the H1B visa duration during my previous visit to United States of America and applied for the waiver for overstaying. Three consular officers interviewed me and asked me about 20 questions. I answered as many questions as I could. Finally they said that they can not issue me a visa right away and said that they are going to send the whole file to the
department of State (Immigration dept) and get it
approved. Once they get the green signal from
immigration dept they are going to send me
a letter and ask me to appear at the consulate. Now the problem is the period of time, they said that they don't know how long this whole process might take and this is the thing that bothers me. I'll be very thankful to you if you can tell me how long it takes for visa waiver processing for USCIS and do they approve in situations (cases) like mine or do they refuse and don't grant me a visa.
Thank you, I appreciate your help.
I got married to a Lawful Permanent Resident of USA in Nov 1999. After marrying I continued working in USA on my H1B1 Non immigrant visa. My wife has applied for my Green Card (I-130 - Petition for Alien Relative) in June 2000 and the petition has been approved on Apr 9, 2002.
I also wish to inform you that I’ve overstayed my visa period for approximately 10 months (Nov 01 2001 to Aug 29 2002) during my last visit to the USA on H1B1 Non immigrant visa. This is because my wife gave birth to a baby girl on Sep 06 2001 and neither did she had enough money to make living and bring up the baby nor was she in a position to work. I
lost my job at the same time and unfortunately my I-94 also got expired. I overstayed the Visa duration and worked to bring up my baby girl.
I came back to India for some personal reasons on my own on Aug 29 2002. Though I overstayed my visa duration during my last visit to USA I’m eligible and still qualify to enter in to USA under the section 212(g)(h)(i) and (a)(9)(B)(v) of Immigration and Nationality Act.
With out knowing the fact that my I-130 petition for Alien Relative got approved I’ve applied for V-VISA with American Consulate in Chennai India and the same has been denied to me under section 212(a)(9)(B)(1) on Mar 23, 2004 because of overstaying the H1B1 Non Immigrant Visa period. Consular Officer in Chennai advised me to fill in some applications to apply for the VISA WAIVER for unlawful presence and pay $250 as
the penalty. I paid $250 as the penalty for
overstaying the H1B visa duration during my previous visit to United States of America and applied for the waiver for overstaying. Three consular officers interviewed me and asked me about 20 questions. I answered as many questions as I could. Finally they said that they can not issue me a visa right away and said that they are going to send the whole file to the
department of State (Immigration dept) and get it
approved. Once they get the green signal from
immigration dept they are going to send me
a letter and ask me to appear at the consulate. Now the problem is the period of time, they said that they don't know how long this whole process might take and this is the thing that bothers me. I'll be very thankful to you if you can tell me how long it takes for visa waiver processing for USCIS and do they approve in situations (cases) like mine or do they refuse and don't grant me a visa.
Thank you, I appreciate your help.
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