I-601

[missouriviaperu 1]

So this post is on behalf of someone else (my wife's aunt and her USC husband to be exact)..the details are a little fuzzy but I'll provide what I know and much more if need be.

She entered the US illegally in 2001, got married ~2007. Around late 2009/early 2010 they began the legal immigration process for her and was given an appointment at the US embassy in Lima, Peru in April/May 2010. So she left the US for Lima and received a 10 year ban.

I was wondering what her options are at this point? I've had a handful of conversations with my (now) uncle and he's very frustrated but hasn't made much progress. I've gathered that an appeal of the ban could take a very long time. He spoke to another lawyer (supposedly working pro bono) who offered to help with the waiver process. It is my understanding that this an uphill, time-consuming and very expensive process that will require a great lawyer.

So is it the I-601 Waiver she will need in order to return to the US? Please give whatever helpful advice you can, it would be much appreciated. thanks in advance

[LIFE'SJOURNEY 970]

GO over to this site http://immigrate2us.net/forum/search.php?searchid=286016

[missouriviaperu 1]

GO over to this site http://immigrate2us.net/forum/search.php?searchid=286016

wow, nice, the "I-601 General Waiver Information" forum of this website has been quite helpful..is there something more specific I should be looking for?

[Sergi9 110]

wow, nice, the "I-601 General Waiver Information" forum of this website has been quite helpful..is there something more specific I should be looking for?

It sounds like the family you are discussing needs to file for an I601 waiver. There is also an I601 research link on this site, with information about the process.

In a nutshell they have to prove its an extreme hardship for the US Citizen to live in another country for the remaining time on the 10 years AND to live here in the US without the spouse.

Apparently this family has already gotten the VISA denied at the consulate, so there is a form they gave that person that says what the code is for why they can not return.

Basically fill out the I601, respond to the charges in the code specifically, and create a compelling case with supporting evidence and submit to the Embassy that denied the VISA. They will forward to the office that adjudicates the waivers. The "approvability" of a waiver seems to be lack of aggravating factors in combination with a well documented hardship.

Good luck

Edited March 3, 2011 by Sergi9

[Brother Hesekiel 2,235]

The I-601 is not do-it-yourself territory. Contact Laurel Scott for an initial consultation; she has a weekly chat on immigrate2us and is one of the best attorneys for this job in the whole wide world.

[Bocajr27 3]

So this post is on behalf of someone else (my wife's aunt and her USC husband to be exact)..the details are a little fuzzy but I'll provide what I know and much more if need be.

She entered the US illegally in 2001, got married ~2007. Around late 2009/early 2010 they began the legal immigration process for her and was given an appointment at the US embassy in Lima, Peru in April/May 2010. So she left the US for Lima and received a 10 year ban.

I was wondering what her options are at this point? I've had a handful of conversations with my (now) uncle and he's very frustrated but hasn't made much progress. I've gathered that an appeal of the ban could take a very long time. He spoke to another lawyer (supposedly working pro bono) who offered to help with the waiver process. It is my understanding that this an uphill, time-consuming and very expensive process that will require a great lawyer.

So is it the I-601 Waiver she will need in order to return to the US? Please give whatever helpful advice you can, it would be much appreciated. thanks in advance

Well....to answer your question...It most deffinately is an uphill battle. I'm assuming your wife's aunt already filed the I-130 and then went through NVC. Once she has her interview with the US consulate in Lima, she will be denied the visa due to the 10 year ban. I'm not sure how it works in Lima, but in most countries you would file the I-212 and the I-601 right there on the spot. It can take up to a year to get them approved although most don't take that long.

It is advisable that you seek the help of a qualified attourney as both these forms are difficult to get approved (but not impossible). Good luck to them

[emt103c 10]

I2US is a great site for 601 information and Laurel Scott is most definitely a good lawyer. You can try this attorney too: Laura Fernandez

Edited March 8, 2011 by emt103c

[missouriviaperu 1]

Thanks everybody for all the good advise and names of competent attorneys. My uncle-in-law is long-time friends with his attorney and he's going to stick it out with him (with the waiver process). It's a long story but basically I was prodded into helping out. It's been about a year since the 10 yr ban was doled out and....well, it just has to be gut-wrenching to be in this position. I'll be sure to pass along the recommendations.