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Friends,
I have come to this forum with a lot of hope to get some clarity about the situation. Plz Help.
My fiancee had a US business visa and had overstayed on her visit to the US 6+ years back. During that visit she had filed for an extension of stay but did not stay back -- ("departed the country without receiving a decision") -- to get the result of the appeal ("abandoned her application for extension of stay") which was taken to be wrong and she was found inadmissible under 212(a)(7)(B)(i)(II) during her next visit. She chose to withdraw her application for admission in lieu of expedited removal under section 222g and was sent back from the POE. The application for extension was subsequently denied after she had left US during her first visit.
Its been more that 4+ years now. It was not her mistake either as immigration was handled by her companies attorney in the US who failed to tell her that she would have to stay back till the result of her appeal comes back.
Is any one aware of such cases / clause?
Is any one aware of the clause in which she can claim an excemption?
How should we approach this case?
Should she directly file for a visa and go before the councellor or will it be required to clear the case through an attorney first (last option now) ?
PLZ Advice !!
P.S:
212(a)(7)(B)(i)(II) READ as below
212(a). classes of aliens inelligable for visas or admisson
7. Documentation Requirments
B. Non-Immigrants
i. In General-any nonimmigrant who-
II. Is not in possession of a valid nonimmigrant visa at the time
of application for admission is inadmissable
I have come to this forum with a lot of hope to get some clarity about the situation. Plz Help.
My fiancee had a US business visa and had overstayed on her visit to the US 6+ years back. During that visit she had filed for an extension of stay but did not stay back -- ("departed the country without receiving a decision") -- to get the result of the appeal ("abandoned her application for extension of stay") which was taken to be wrong and she was found inadmissible under 212(a)(7)(B)(i)(II) during her next visit. She chose to withdraw her application for admission in lieu of expedited removal under section 222g and was sent back from the POE. The application for extension was subsequently denied after she had left US during her first visit.
Its been more that 4+ years now. It was not her mistake either as immigration was handled by her companies attorney in the US who failed to tell her that she would have to stay back till the result of her appeal comes back.
Is any one aware of such cases / clause?
Is any one aware of the clause in which she can claim an excemption?
How should we approach this case?
Should she directly file for a visa and go before the councellor or will it be required to clear the case through an attorney first (last option now) ?
PLZ Advice !!
P.S:
212(a)(7)(B)(i)(II) READ as below
212(a). classes of aliens inelligable for visas or admisson
7. Documentation Requirments
B. Non-Immigrants
i. In General-any nonimmigrant who-
II. Is not in possession of a valid nonimmigrant visa at the time
of application for admission is inadmissable
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