I-601 waiver from Islamabad

[doctor795 0]

My wife and daughter are US citizens. I am from Pakistan. I am a US trained physician and have an offer of employment from the hospital where I trained, upon my return to US (if that ever happens). I over stayed my visa and hence had to leave US on VD, which I did in September 2008. I am in the process of filing the waiver through Islamabad at this time. I have taken a job in Australia and currently living and working here in Australia for two months now with my wife and daughters( My second daughter was born here in Australia a week ago). My case is with National Visa Center and they have mailed the application package to my attorney in US. My wife has written up a waiver statement a head of time knowing that we will haveto file it soon, however, she hasn't mentioned the fact that we are currently living in Australia all together. My question is:

1) Do we have to volunteer this info that we are living in Australia, because that will bring our approval chances to almost zero. The waiver statement is revoloving around the fact that my wife who is caucasian can't live in Pakistan for obvious reasons and can't live in US without me as she will have no income source and will have two little girls to look after, where as I had a very descent income when I was working as a physician in US. If we say we are living in Australia, all of the hardship is out.

2) If we don't disclose the info, is there any way USCIS can find it out?

3) My understanding is that NVC will send the case to Islamabad who will then call me for interview, which will be denied because of over stay and then I will have to file for waiver. Would they check my passport at any point, because it has a two year Australian work visa on it? I suppose the person who will review the waiver in Rome, won't know I am living in Australia with my wife as he won't see my passport, but the officer in Islamabad embassy may make a note of it.

4) Is the waiver mailed to Rome directly or is it submitted with the embassy in Islamabad and then they forward it to Rome after review.

Please answer the above questions, I greatly appreciate your help and time.

[emt103c 10]

1) Do we have to volunteer this info that we are living in Australia, because that will bring our approval chances to almost zero. The waiver statement is revoloving around the fact that my wife who is caucasian can't live in Pakistan for obvious reasons and can't live in US without me as she will have no income source and will have two little girls to look after, where as I had a very descent income when I was working as a physician in US. If we say we are living in Australia, all of the hardship is out.

Since presumably the time in Australia is temporary, I would not actually mention it. You are to prove that she cannot live in Pakistan with you or in the U.S. without you. Remember to be very vigilant in proving every statement with tons of supplemental evidence. Make sure your attorney is very thorough. There are very bad attorneys out there.

2) If we don't disclose the info, is there any way USCIS can find it out?

If they found out, I don't think it will matter, as I said, Australia is temporary, right?

3) My understanding is that NVC will send the case to Islamabad who will then call me for interview, which will be denied because of over stay and then I will have to file for waiver. Would they check my passport at any point, because it has a two year Australian work visa on it? I suppose the person who will review the waiver in Rome, won't know I am living in Australia with my wife as he won't see my passport, but the officer in Islamabad embassy may make a note of it.

They can check your passport, though usually they just ask for a copy of the bio page. When they go to issue the visa they will definitely see it.

4) Is the waiver mailed to Rome directly or is it submitted with the embassy in Islamabad and then they forward it to Rome after review.

Islamabad accepts it and then forwards it to Rome.

Please answer the above questions, I greatly appreciate your help and time.

How long was your overstay?

Why were you asked to leave? You should have been eligible to adjust status from within the U.S. regardless of the overstay. . .did you have an attorney?

[doctor795 0]

1) Do we have to volunteer this info that we are living in Australia, because that will bring our approval chances to almost zero. The waiver statement is revoloving around the fact that my wife who is caucasian can't live in Pakistan for obvious reasons and can't live in US without me as she will have no income source and will have two little girls to look after, where as I had a very descent income when I was working as a physician in US. If we say we are living in Australia, all of the hardship is out.

Since presumably the time in Australia is temporary, I would not actually mention it. You are to prove that she cannot live in Pakistan with you or in the U.S. without you. Remember to be very vigilant in proving every statement with tons of supplemental evidence. Make sure your attorney is very thorough. There are very bad attorneys out there.

2) If we don't disclose the info, is there any way USCIS can find it out?

If they found out, I don't think it will matter, as I said, Australia is temporary, right?

3) My understanding is that NVC will send the case to Islamabad who will then call me for interview, which will be denied because of over stay and then I will have to file for waiver. Would they check my passport at any point, because it has a two year Australian work visa on it? I suppose the person who will review the waiver in Rome, won't know I am living in Australia with my wife as he won't see my passport, but the officer in Islamabad embassy may make a note of it.

They can check your passport, though usually they just ask for a copy of the bio page. When they go to issue the visa they will definitely see it.

4) Is the waiver mailed to Rome directly or is it submitted with the embassy in Islamabad and then they forward it to Rome after review.

Islamabad accepts it and then forwards it to Rome.

Please answer the above questions, I greatly appreciate your help and time.

How long was your overstay?

Why were you asked to leave? You should have been eligible to adjust status from within the U.S. regardless of the overstay. . .did you have an attorney?

Thank you so much for your reply. I greatly appreciate your help. Yes, Australia is temporary(although the hospital where I work want me to stay long term they have offered me to file for permanent residence, which I declined as I want to return to US.) I had an attorney in US, but he was a piece of #######. My attorney now, is a very expensive, very honest attorney, who is advising me that I should disclose we are living together in Australia and that is temporary...I think that will bring our waiver chances down....I don't get it why he wants us to do that....Just so that you know my visa in Australia is two years work visa....would that be considered temporary, I don't know? Please advise...

[emt103c 10]

That may be a little long to be considered temporary. . .AND considering how long it takes to file waivers in Islamabad, you might want to reconsider the PR-Australia thing.

I'm just not sure about mentioning it in the waiver unless you are going to prove that it causes your spouse extreme hardship as well.

That being said, I understand that you want to return to the US, but which is better, Australia or Paksitan for your family? How long was your overstay and what charges (if any) are you trying to overcome besides overstay? If your "ban" is short, it could be waited out in Australia and then not even have to file the waiver. . .reason being that waivers and AP take so long in Pakistan. . .also, if you are a PR in Australia when the time comes it can be processed in Australia, even if, say, the waiver gets denied. . .

just thinking out loud. . .

[doctor795 0]

That may be a little long to be considered temporary. . .AND considering how long it takes to file waivers in Islamabad, you might want to reconsider the PR-Australia thing.

I'm just not sure about mentioning it in the waiver unless you are going to prove that it causes your spouse extreme hardship as well.

That being said, I understand that you want to return to the US, but which is better, Australia or Paksitan for your family? How long was your overstay and what charges (if any) are you trying to overcome besides overstay? If your "ban" is short, it could be waited out in Australia and then not even have to file the waiver. . .reason being that waivers and AP take so long in Pakistan. . .also, if you are a PR in Australia when the time comes it can be processed in Australia, even if, say, the waiver gets denied. . .

just thinking out loud. . .

T

[doctor795 0]

That may be a little long to be considered temporary. . .AND considering how long it takes to file waivers in Islamabad, you might want to reconsider the PR-Australia thing.

I'm just not sure about mentioning it in the waiver unless you are going to prove that it causes your spouse extreme hardship as well.

That being said, I understand that you want to return to the US, but which is better, Australia or Paksitan for your family? How long was your overstay and what charges (if any) are you trying to overcome besides overstay? If your "ban" is short, it could be waited out in Australia and then not even have to file the waiver. . .reason being that waivers and AP take so long in Pakistan. . .also, if you are a PR in Australia when the time comes it can be processed in Australia, even if, say, the waiver gets denied. . .

just thinking out loud. . .

T

Thanks for the reply...My ban is 10 years, I over stayed for about 2 years. I was married before and the first marriage was not consummated, was legitimate and it was with a Pakistani girl, that resulted in a mess. I have a disorderly conduct conviction from a stupid offence which is punishable by 3 months imprisonment, which according to my lawyer does not make me removable, but the Judge was in a bad mood, any how....I today found out that I could veryeasily become Australian permanent resident because of MD, I am not sure how that would effect my waiver.

Can you please tell me what the procedure will be from here onwards. My case is with NVC and they are sending my attorney a document package, what is next? I think Islamabad will call me for an interview (any idea how long that will take before it actually happens?) At the time of interview would they ask for my passport? If they do ask for it, and they see a 2 year work visa to Australia, they can ask if I am living in Australia, answer to which will be yes, the waiver that my wife has written reflects as if we are not together (she has highlighted why she can't live in Pakistan and how her life will be without me in US). At the interview they will deny my case due to overstay. When can I file the waiver? would it be immediately by hand or later by mail? If I send it by mail or give it in hand after denial at time of my interview, what are the chances that the officer who interviewed and denied my case will read the waiver statement, because as I said above the waiver reflects as if we are living away from each other.....

Sorry for asking so many questions, can't tell u how much I appreciate your help and guidance...Also, can i ask you how long did it take for your waiver from the time it was at the NVC and which country was it through????

Thanks again....

[MaryandMian 1]

I do not know much about the waiver process but can tell you that you will interview and be denied at the interview. At that time they will tell you if you are eligible to apply for a waiver. Waivers are sent to Rome, Italy for processing once you file the paperwork and pay the fees. In the past the last two Pakistani's I knew of that filed waivers were in processing one year before a decision was made. Good luck to you.

Waivers (Form I-601):

Persons who have been found ineligible for admission into the U.S., may be eligible to file a waiver in order to immigrate to the U.S. Findings of ineligibility are usually made by a Consular Officer during an immigrant visa interview. Please follow the instructions contained in the Application for Waiver of Ground of Inadmissibility (Form I-601) or Application for Readmission after Deportation (Form I-212). The Consular Section at the U.S. Embassy or Consulate where you applied for your immigrant visa will forward waiver applications to the Rome District Office for adjudication.

Please follow the instructions contained in the Application for Waiver of Ground of Inadmissibility (Form I-601).

[emt103c 10]

If you are legally living in Australia right now, you could actually interview in Australia. . .which is what you should probably be doing. In which case, Pakistan doesn't enter into the picture or the letter. . . .I am not an attorney and cannot give you a definite answer on how to approach the Australia issue. You might consider getting another point of view from another experienced waiver attorney. There are only a few in the U.S. at all. . .

www.humanrightsattorney.com

www.visacentral.net

Frankly, if you're staying there that long, you probably won't get away without mentioning it, like your attorney said.

As Mary said, waivers in Pakistan take and inordinate amount of time. I am confused as to how you were forced to leave if your crime wasn't considered a CIMT or deportable offense. . . I'm not sure how the consulate is going to react to that.

The best advice I can give is to not close any doors. Your family is together (which is much better than the years I spent separate from my Pakisitani husband) and has the chance at living indefinitely together in Australia. Remember that there is never a guarantee that the waiver will be approved or how long it will take.

I do wish you the best and hope that you get your waiver approved.