What should I include in my Inadmissibility Waiver I-192?

[csharam.uc]

Hi

Recently I got approval for the U Visa and Also received 4 year EAD document in mail. Unfortunately my attorney didn't file for I-192 with my U visa I-918 petition.
My question is on what bases of inadmissibility Do i need to file I-192? & Do I qualify for fee waiver regardless of my financial standings?

I entered the USA on F-1 status and didn't attend the classes after finishing few successful quarters at the university.
My I-94 had D/S stamped (Received new i-94 now with U Visa i-797 notice of action). I stayed past my Visa by three years and then filled the U VISA petition in 2014.

Do Over-stay, out of status, unlawful presence every thing play a role in getting my I-192 approved?
Did U visa automatically pardon me for all of my inadmissibility bases?
Will 3 years /10 years ban gets triggered once I leave the country before I get a green card?

I'm planning to take a chance with getting I-192 approved and Get U visa stamped from USA embassy from my country.
Have a Good day !!!

[koir]

Was your F1 still active when you filed I-918? If POSITIVE you will be fine because were under Period of Authorized Stay.

Is U-Visa's I-94 showing D/S!? I thought it is 4 years since issue date

[csharam.uc]

No it can't be active. I didn't take classes and when I filled i-918 I had overstayed my Visa by 3-4 years.
My old I-94 state D/S i.e F-1 i-94
New U visa i-94 is valid for 4 years.

Do I need to pay the fee or can I apply for fee waiver even if I had earned above the required limit?

[Sudheerkumar]

I just got a mail from my lawyer she says my case transfer to NSC ......Can anybody tell me how much time it will take to get a answer fro NSC from now..

[Michela]

No it can't be active. I didn't take classes and when I filled i-918 I had overstayed my Visa by 3-4 years.
My old I-94 state D/S i.e F-1 i-94
New U visa i-94 is valid for 4 years.

Do I need to pay the fee or can I apply for fee waiver even if I had earned above the required limit?

Hi, did you declare in the I-918 that you were out of status?
I am not sure how you could have been approved if you were out of status at the time you applied, and without a I-192 filed and approved with the I-918. Overstay a visa means unlawful presence in the USA, who can lead to deportation if you are caught, and this is a ground of inadmissibility for obtain ANY kind of visa, so your lawyer should have filed a I-192 for you at the time you presented your petition! I am well aware of the situation because I applied for U Visa in a condition of overstay. Please call your lawyer or a different one and get advise to find out about your situation and what to do. Even if you got approved, if later they will find out there was a discrepancy on your application, they have the power to cancel your visa. Sorry but I read to many cases in the "Administrative Decisions" of the USCIS where people had the visa cancelled because they discovered mistakes in the applications, even many months after they got the official approval. If you have concerns about your case, lokk for a professional advise, better be safe than sorry and keep in mind that on this forum we share our experiences and we help each others, but we are not lawyers!!
Good luck.

[nil]

U visa

I just got a mail from my lawyer she says my case transfer to NSC ......Can anybody tell me how much time it will take to get a answer fro NSC from now..

Hiii sudheer
What is your timeline ?2014

[csharam.uc]

Hi, did you declare in the I-918 that you were out of status?
I am not sure how you could have been approved if you were out of status at the time you applied, and without a I-192 filed and approved with the I-918. Overstay a visa means unlawful presence in the USA, who can lead to deportation if you are caught, and this is a ground of inadmissibility for obtain ANY kind of visa, so your lawyer should have filed a I-192 for you at the time you presented your petition! I am well aware of the situation because I applied for U Visa in a condition of overstay. Please call your lawyer or a different one and get advise to find out about your situation and what to do. Even if you got approved, if later they will find out there was a discrepancy on your application, they have the power to cancel your visa. Sorry but I read to many cases in the "Administrative Decisions" of the USCIS where people had the visa cancelled because they discovered mistakes in the applications, even many months after they got the official approval. If you have concerns about your case, lokk for a professional advise, better be safe than sorry and keep in mind that on this forum we share our experiences and we help each others, but we are not lawyers!!
Good luck.

I just checked my application's copy and it does state my current status as Over-stayed, so there you have it. I didn't fill I-192 and I've a U Visa approved. Along with that in my personal statement (4 pages long) I've mentioned everything in very detail including my overstaying, not continuing the school. I've also submitted them a copy of my I-94, copy of my passport and the copy of the visa.

[Michela]

I just checked my application's copy and it does state my current status as Over-stayed, so there you have it. I didn't fill I-192 and I've a U Visa approved. Along with that in my personal statement (4 pages long) I've mentioned everything in very detail including my overstaying, not continuing the school. I've also submitted them a copy of my I-94, copy of my passport and the copy of the visa.

So why asking what to put in your I-192? You make it clear that you got the visa, and if you think you are good like that what's the problem? It seems to me you were giving me a little attitude in the way you reply to my post, who by the way was written with good intention and not to harm, judge or give a lecture to you or anybody else. Anyway I the future I will pay more attention and mind my own problem instead of get involved.

[koir]

To Michela

I don't think OP is trolling because the period of time for out of status, which beyond six months, would result 10 years inadmissibility once departures US.

The U-Visa might be approved accidentally.

To OP, if I were you I would not file fee waiver again.

[csharam.uc]

So why asking what to put in your I-192? You make it clear that you got the visa, and if you think you are good like that what's the problem? It seems to me you were giving me a little attitude in the way you reply to my post, who by the way was written with good intention and not to harm, judge or give a lecture to you or anybody else. Anyway I the future I will pay more attention and mind my own problem instead of get involved.

No don't get me wrong. I'm a senior member at this forum. I try to help people and when in need I also ask for help.
I apologise if you think I was showing attitude but I was simply answering to your question.

"Hi, did you declare in the I-918 that you were out of status?
I am not sure how you could have been approved if you were out of status at the time you applied, and without a I-192 filed and approved with the I-918."

I hope you understand if I leave to get U Visa stamped without clearing all inadmissibility I'll be stuck out there and might lose the chance to get green card.

In my first post you can see I did mention overstaying, out of status and illegal stay.

[csharam.uc]

To Michela

I don't think OP is trolling because the period of time for out of status, which beyond six months, would result 10 years inadmissibility once departures US.

The U-Visa might be approved accidentally.

To OP, if I were you I would not file fee waiver again.

Thanks koir. In immigration matters we don't need any trolls on this forum.

I'm confused as well without i-192 how did my application got approval. I didn't hide anything in my application/ personal statement as well.

Per my research the ban does gets triggered once you leave US unless you get Green Card first.

I'm not sure on what grounds or all grounds of inadmissibility I need to apply.
That would include 3 years/ 10 years ban, over stay, out of status & unlawful presence ?

[csharam.uc]

To Michela

I don't think OP is trolling because the period of time for out of status, which beyond six months, would result 10 years inadmissibility once departures US.

The U-Visa might be approved accidentally.

To OP, if I were you I would not file fee waiver again.

Question: I earned sufficiently in year 2016 but 2017 i was without EAD for 3-4 months and without job for almost 7-8 months. Why did you recommend not to file for fee waiver? I'm just curious. filling fee i saw online for I-192 is $900 plus. Thanks

[maviba]

Hi, did you declare in the I-918 that you were out of status?
I am not sure how you could have been approved if you were out of status at the time you applied, and without a I-192 filed and approved with the I-918. Overstay a visa means unlawful presence in the USA, who can lead to deportation if you are caught, and this is a ground of inadmissibility for obtain ANY kind of visa, so your lawyer should have filed a I-192 for you at the time you presented your petition! I am well aware of the situation because I applied for U Visa in a condition of overstay. Please call your lawyer or a different one and get advise to find out about your situation and what to do. Even if you got approved, if later they will find out there was a discrepancy on your application, they have the power to cancel your visa. Sorry but I read to many cases in the "Administrative Decisions" of the USCIS where people had the visa cancelled because they discovered mistakes in the applications, even many months after they got the official approval. If you have concerns about your case, lokk for a professional advise, better be safe than sorry and keep in mind that on this forum we share our experiences and we help each others, but we are not lawyers!!
Good luck.

I thought we didn't need to applied for a I-192, we overstayed our visas, but we enter the country legally.

[you.visa]

@ csharam.UC - I believe once your U visa is approved all inadmissibility clears and if you talking about filing i-192 that only comes to picture when you are in other country/out of US. (6 months of illegal stay lands to 5 years ban and above that period will 10 years of Ban. that would b clear if you file I-192 and after approval leave country for stamping)
But in your case you are still in the country don't worry about inadmissibility untill you leave the country.

Second thing AAO decisions on inadmissibility for those who crossed the border without CBP inspections or clearance.
if you read those decisions you'll understand clearly. (You entered legally and you have expired i-94 there is no reason to refuse your U visa later)

my advise is to file i-912 with waiver and sit tight you are in good time enjoy it.

[csharam.uc]

@ csharam.UC - I believe once your U visa is approved all inadmissibility clears and if you talking about filing i-192 that only comes to picture when you are in other country/out of US. (6 months of illegal stay lands to 5 years ban and above that period will 10 years of Ban. that would b clear if you file I-192 and after approval leave country for stamping)
But in your case you are still in the country don't worry about inadmissibility untill you leave the country.

Second thing AAO decisions on inadmissibility for those who crossed the border without CBP inspections or clearance.
if you read those decisions you'll understand clearly. (You entered legally and you have expired i-94 there is no reason to refuse your U visa later)

my advise is to file i-912 with waiver and sit tight you are in good time enjoy it.

I agree with you 100% and I believe this is ture and how things work if i leave the country and ban gets kicked in. the reason why I'm confused about the situation is because of our fellow forum member Krismatters Story
here is a recap.

My story
Ok here we go...some of you might know me.
I might answer lot of ppl questions here.

I-918 applied : Jan 14 2014 (receipt)
Biometrics : Feb 5th 2014
DA : Jan 9th 2015
I-765 c14 applied : Jan 12th 2015
I-765 c14 approved : April 8th 2015
I-765 c14 renewal applied : Jan 10th 2017
May 12th 2017 : I-192 denied (status update)
May 16th 2017 : I-918 U visa approved (received approval notice)
May 18th 2017 : Received 4 years EAD.
May 20th 2017 : Got leave sanctioned from work.
May 26th 2017 : Departed US (trip to india)
June 6th 2017 : Consular Biometrics (New delhi consulate, india)
June 7th 2017 : Consular Interview ( 10 mins No questions asked - Approved)
June 12th 2017 : Received Passport with U1 visa stamp for 4 years.
June 16th 2017 : Departed India
June 17th 2017 : Reached US - Chicago ( No question asked at POE ) same day resumed work.
---Waiting for my 3 years to complete so i can apply for my Green card but in between i can travel to india as i have visa with multiple entries.

Just dont lose the hope.

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Now this user did mention later on in the forum about his (Assuming its a guy) inadmissibility and he was out of visa (Didn't mention how long) before filling I-918.
He said
"Let me clear some air...

1. Yes even i was out of status [f1] prior getting DA. You guys need to understand unlawful status vs unlawful presence [research it]. "
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So His I-192 was denied while he was in USA and then left to India and got Visa stamped. Is my case going to be kind of similar if i apply for I-192 and lets say even if i-192 gets denied or approved (before i leave the USA) and I take a chance to get my U visa stamped. (Similar to what he did)

So there would be 2 possible scenario.
1. Everything works the way I plan and I get U visa stamped (Its already approved)

2. They won't stamp U visa on my passport (Even its already approved but maybe there is inadmissibility) (May be i can leave one i-192 forum with my lawyer signed and ready to go in case if I get in problem overseas )
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I need possible suggestion (Do's and Don't). I know you guys are not lawyers but in U visa cases so far lawyer seems to have less experience and insight (Not in a negative way) as compared to people who have dealt with the situation.

I'm already enjoying it so far and I'm really happy I got 4 year EAD and U Visa approved. I haven't seen my family in 10 years and the price I've paid for this Dream life is unbearable and can't be replaced with anything I'll achieve in future.
So without getting stuck out there the goal is to see the family (Before I leave I'll have my parents attempt last time B1/B2) and come back.

If nothing works and I wait till I get Green card I'm looking at year 2020-2021.
(Last Time I saw my family and friends was back in 31 Dec 2007)