Hi,

I took Voluntary departure last week. I have until September 10, 2008 to leave US. My wife and daughter are US citizen. I need to file I -601 waiver for over staying. I am Pakistani citizen. I also have an approved I-130 petition but the judge denied adjustment. Please guide me what the procedure will be. I have an attorney but you know how they are money hungry. From what I understand my file will be sent to Islamabad for interview. AT the interview i will be told to file I-601 waiver.(Can I file the waiver now, while I am in US to expedite things)....My wife is pregnant and she doesn't want to deliver in Pakistan. I guess that would be hardship for her. Besides, if I am not here in US, she will not have any health insurance or income at all. I am a physician and have a great job through the hospital. The hospital can provide me a letter that they need me here in US(don't know if that helps)........Please advise the process and the time frame?
Also as I said earlier, can I file the waiver now while I am in US....Your help is greatly appreciated.........

Thanks

You cannot file the I-601 before being asked to file it. You must file it either at an adjustment of status interview or at the consular interview when told that you are eligible.

May I ask why he denied you the chance to adjust? If you entered on a visa and just overstayed then it would seem likely that the judge would allow you to file in country. . .

If I were you I would get a second opinion from another attorney. It may not do any good at all. You may have a very good attorney, but it cannot hurt to get a second opinion. I recommend--as do many others--a consultation with Laurel Scott at www.visacentral.net or with Heather Poole. Both specialize in this type of waiver.

Also, you may want info on how the packet is prepared. The best site for that is www.immigrate2us.net.