Do I Require a Nonimmigrant Waiver Following Overstay of 3.5 Months?

QUESTION:  I would like to find out if there are (and what) restrictions on applying for non immigrant visa in the future after being paroled to the USA. I tried to enter under the Visa Waiver program but I was denied the entry because according to the Immigration Officer I overstayed my visa (3.5 months) on my last visit.  At that time I wasn't aware I was overstaying the visa. I applied for an extension of my status and I got it denied. I was under the impression I was not overstaying until I receive the response from the immigration. After I received a denial letter I left the USA within 30 days. Since I haven't been denied a visa at the embassy I thought I would still qualify for the Visa Waiver program when I tried to visit 15 months later. At the airport I was refused the entrance in accordance with INA section 217 but was paroled an entry for 30 days 8 CFR 217.4 (a)(I).  I do understand that because of the previous denial I will need an entry visa for all future visits to the USA.  Are there any restrictions (time/waivers/etc)? Is there a chance I will not get a visa in a future at all?  Thank you for your time. 

REPLY:  Based upon the information you provided, I cannot identify any restrictions to which you are subject.  You do not require a waiver for unlawful presence as a result of your overstay, as only overstay periods of 6 months or more will render someone inadmissible due to unlawful presence.  There is also no time or other restriction regarding when you can apply for your new visa. 

There is always a chance that you may be refused a visa in the future, however, you should not be refused a visa and charged as inadmissible based upon your 3.5 month overstay.  You will still have to prove to the Consular officer that you are eligible for the visa that you are applying for (for example, if applying for a B1/B2 visitor visa, you will have to demonstrate sufficient ties to your home country, etc.).  You will also have to demonstrate to the satisfaction of the Consular officer that you are not subject to any other grounds of inadmissibility to the United States (for example, criminal convictions; communicable diseases; etc.).  

Again, this information is based upon the synopsis you provided above.  If you would like to submit additional information about your case and receive a complete professional analysis, please consider contacting my office to set up a consultation.