601 query

[Buckles 0]

Hi Visa Joruney,

After a long, ardous journey I was denied my visa at the interview due to overstay for reasons I tried to explain to the officer but, not being his department, (his words), my reasons didn't matter. For your benifit to help assess in my question the reason for overstay was that I didn't want to leave my wife, who was due our baby, alone. As a timeline, in March 09 my 6 month travel visa expired, but my wife (married in Jan 09) was due our first child, who was born on May 1, 09. My wife was suffering from high blood pressure during her thrid trimester, and with no reliable network od family or friends I stayed past my visa, since the docs needed to keep an eye on her, and I couldn't justify leaving her with such a condition to fly back to the UK and have to risk flying back to the US and face possibly being turned away for returning too soon after an already lengthy visit. Not to mention the finances involved, since we were quite short on money at that stage of our lives. We didn't get to apply for my visa until October 09 (again, finances) and so I incurred what amounted to a 3 year ban.

I was really hoping the officer would take into consideration my wife was due our baby 2 months after my travel visa expired and done a humane thing of allowing the bannable period being from May till Oct, therefore incurring the one year ban (which I have 'served' and then some), but the rules don't allow for such things. We therefore have to submit a 601, waiver of inadmissability.

My question, finally, is nothing related to how to prove hardship, but given our sheer level of misfortune in my application process what happens if the 601 is denied. Do I have to wait until my ban is over and apply ALL OVER AGAIN?

Or, do I have to wait until my ban is over, and simply rebook an interview, at which point in time it won't be rejected out of hand and contex due to overstay.

I can find no answer on the matter, and its a relatively simple question I hope can be answered with ease.

I hope to God if it is denied I don't have to put my wife through yet another application process (in of itself often 1+ year process), I can't bare the though of missing another one of my son's birthdays...

With thanks,

Buckles

[kozah 1]

im so sorry to hear that i know its so hard

but i dont know if im correct , if u go to USCIS website . they are saying i601 not in effect and till 2 june they are going to put some new rules... dont loose ur hopes

first wait till the new waiver rules it may helps

and second about your hard ship... i think if the us citizen cant speak the other language of the principal country its a reason for a waiver. or if the us citizen she is the wife and she needs to take care for the baby and not working and need money i think thats anathor reason.. plus try to found good attorny in the us he may helps you and good luck ...

[Buckles 0]

Thank you for your reply. My main concern though is what happens if the 601 is denied. D I have to start all over again from the beginning of the visa process once the ban is lifted (i.e. start from the original petition), or once the ban is lifted do I just get a new visa interview?

[trojam227 18]

No, you wouldn't have to start from the beginning. If your I-601 was to be denied, you can pay another fee & submit another I-601 with new evidence.

You shouldn't have a problem getting approved with only an overstay (3 yr ban). Join immigrate2us.net and start getting ideas for compiling the waiver, or which attorney's to consult with if that's the route you want to take.

If you are proactive and get the waiver sent in June you could possibly be here for Christmas..did the denial letter say to mail the waiver to the lock-box in the US, or the london USCIS office?

[Buckles 0]

I have to send it to London.

If they deny it though, and my ban is lifted next year, is it a case of submitting a 601 AFTER the ban, so they see "no ban, he can come"...

I just dont know what happens when my ban is lifted, how I can go back, start over, 601, another form, reapply for interview?

It's all very confuzzling.

[Sandra G. 5,016]

If+the+waiver+is+denied+and+your+ban+is+lifted+next+year+and+your+I-130+is+still+valid+you+can+ask+to+set+up+a+new+interview+but+if+the+I-130+expired+you+have+to+start+over+again.+On+June+04+the+waivers+will+be+adjudicated+in+the+Usa+not+abroad+anymore,+it+means+in+four+months+you+can+have+your+waiver+adjudicated+in+the+USA..To+prove+hardship+ask+your+wife+to+send+some+proof+if+she+has+some+debits+in+the+Usa+and+tell+them+that+living+Usa+will+be+almost+impossible+to+pay+her+debit+or+loans+etc...+If+she+works+and+her+degree+is+not+accepted+in+UK+she+can+argue+she+wont+be+able+to+work+in+UK+and+have+enough+money+to+pay+her+debits%3B+if+her+parents+are+old+and+ill+and+depend+on+her+to+help+them+she+should+send+proof+of+that+as+well...Good+luck

Edited May 31, 2012 by sandranj