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Hi guys, last Tuesday I had my interview husband came, interview went well the only thing was that I overstayed my visa by five years:( . Counsular says I need a waiver, letter of hardship etc. My question is how long does this process take and do theDOS usually approve immigrants that over stay in America?

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Filed: Citizen (apr) Country: Ireland
Timeline

The process takes a varied amount of time, usually several months. Whether it is approved depends on how good your hardship package is.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: Citizen (apr) Country: Nigeria
Timeline

Hardship waivers are not something most people take on without the help of a lawyer. If you simply fill out the form and send it in it will be denied. There is another site that specialized in waivers immigrate2us.net You will find a lot of help over there.


This will not be over quickly. You will not enjoy this.

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Thank u and yes we do Hav a lawyer hopefully she'll come through :(

I hope she does, try and keep positive and read, read, read........best wishes to you as this can take up to a year depending on the consulate. :) Good luck!!

Bob


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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

Thank you bob, all the best to u as well

I would add that you need to interview your attorney and see how many waivers he/she has prepared and what kind of success rate they have. This is a high specialized area of immigration law and many immigration attorneys are not experienced in this area. that said if there was a legal entry , an overstay and no aggravating factors such as deportation or criminal issues it will be easier to get approved than if there are complications.

read the research guides here they will give you idea of what you are dealing with.

Good luck

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I would add that you need to interview your attorney and see how many waivers he/she has prepared and what kind of success rate they have. This is a high specialized area of immigration law and many immigration attorneys are not experienced in this area. that said if there was a legal entry , an overstay and no aggravating factors such as deportation or criminal issues it will be easier to get approved than if there are complications.

read the research guides here they will give you idea of what you are dealing with.

Good luck

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Thank u sergie, yes I have been reading alot and my husband intends on asking her about her experience in waivers. I overstayed for five years, came with a tourist visa nevr had any complications while I lived in America so I guess that's a pluss right?

All the best

I would add that you need to interview your attorney and see how many waivers he/she has prepared and what kind of success rate they have. This is a high specialized area of immigration law and many immigration attorneys are not experienced in this area. that said if there was a legal entry , an overstay and no aggravating factors such as deportation or criminal issues it will be easier to get approved than if there are complications.

read the research guides here they will give you idea of what you are dealing with.

Good luck

I would add that you need to interview your attorney and see how many waivers he/she has prepared and what kind of success rate they have. This is a high specialized area of immigration law and many immigration attorneys are not experienced in this area. that said if there was a legal entry , an overstay and no aggravating factors such as deportation or criminal issues it will be easier to get approved than if there are complications.

read the research guides here they will give you idea of what you are dealing with.

Good luck

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Filed: Citizen (apr) Country: Ireland
Timeline

Did you work while overstaying in the USA? If yes, did you file taxes? That can have an affect on how difficult it is to get the waiver.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: F-2A Visa Country: Grenada
Timeline

Hi guys, last Tuesday I had my interview husband came, interview went well the only thing was that I overstayed my visa by five years:( . Counsular says I need a waiver, letter of hardship etc. My question is how long does this process take and do theDOS usually approve immigrants that over stay in America?

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Filed: F-2A Visa Country: Grenada
Timeline

Yes they do approve waivers. I was denied in January 2011. Filed for a waiver in March 2011 was approved in June. I currently have my Immigrant Visa in my passport and schedule to leave on Saturday. I did not use a lawyer. I did a lot of research. I only found this site after my application was sent. Good luck. Do not panic do not over think anything. Send me your email address and I will tell you w

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

Did you work while overstaying in the USA? If yes, did you file taxes? That can have an affect on how difficult it is to get the waiver.

Working is not aggravating in a spouse application. Paying taxes is a mitigating factor.

To the OP original question, DOS does not make the decision on the Waiver its USCIS. I am not positive but I do not think Trinidad actually has a USCIS office, so the waiver will be adjudicated at the USCIS office that has jurisdiction over Trinidad and Tabago.

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Yes they do approve waivers. I was denied in January 2011. Filed for a waiver in March 2011 was approved in June. I currently have my Immigrant Visa in my passport and schedule to leave on Saturday. I did not use a lawyer. I did a lot of research. I only found this site after my application was sent. Good luck. Do not panic do not over think anything. Send me your email address and I will tell you w

Thank u very much , I really appreciate your advise and encouragement :) feel much better now.

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Thank u all for your imput on my case guys I really appreciate it. I wasnt woking while I was there my mum sent me money and I used to help a friend in her store, then I met my husband and he started supporting me. During my interview the counselor said that the waiver package would be sent to DOS and then they would make the decision but who really knows nothing is clear at this point there's always a ? Slapped on my forehead

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