I overstayed my visa from 2007 through 2011. I want to come to US to research the possibility of opening a business there. Do I have a chance to get the waiver approved?
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Your only "chance" to get any inadmissibility waiver approved and be issued a visa is if you are either the spouse of child of a US citizen or "green card" holder and can convincingly prove, through the filing of an "Extreme Hardship" waiver that not granting you an immigrant visa constitutes "extreme hardship" on either a US citizen or LPR spouse or parent. Otherwise not.
There is of course, a non-immigrant visa waiver that you could apply for to obtain a "visitor's" visa, but that one the US consulate has to recommend that you file it first. It is filed with USCIS. Consult with and hopefully hire a competent lawyer ASAP.
You triggered the 10 year bar upon departure from the U.S. As a result you will require a waiver in requesting either the non- immigrant or immigrant visa. The waiver can be approved if you demonstrate extreme hardship to your spouse or parent who must either be a U.S. citizen or resident.