How to obtain a waiver for overstay in USA for more than 6 months after H1 visa expiry.
Right now we are out of the USA but want to visit as our daughter wants to visit her nation. We left in August 2011.
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5The expiration date on the visa does not determine when you are supposed to leave the US. If you believe that you overstayed because of the expiration date on your visa, you may be mistaken. What date did your I-94 have? When did the H-1 worker stop working? When did you leave the US?– phoogCommented Mar 18, 2019 at 15:40
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1 Answer
The only way to apply for a "Waiver of Ineligibility" is to first apply for a US visa, attend an interview, and be denied.
If your visa application is denied, the consulate stuff MAY, at their discretion, choose to submit an application for a waiver for you.
Waiver of Ineligibility application normally take around 6 months to be approved or denied. If it is approved, then you will be able to obtain a visa.
Presuming your overstay was for between 6 and 12 months, you will have been banned from entering the US for 3 years, which will have clearly passed, so a waiver should not be required. However there is still a reasonable chance the consulate staff will deny you a new visa if they believe that you are likely to overstay again.
If you overstayed for more than 12 months then you will be banned for 10 years, which will still be current. Your odds of being given a new visa in such circumstances is very low.
