I-601 Waiver of inadmissibility

[tmeetre 0]

Greetings

My husband and I are currently working through the immigration process. I am the US citizen and we were married in Latvia. Janis came to the US in 2011 where we met and fell in love. He traveled to the US on a tourist visa. He left in July of 2013 before we were married to take care of his father who took ill and has since passed. I traveled to Latvia in Nov 2013 and we were married and started the immigration process. At this time we have submitted all of our civil documents and application to the National Visa Center and waiting for information on next steps and interview etc. I have been told that we will need to file a i-601 waiver but that I will not know this until the interview????

I am wondering if there are ever instances when an overstay has occurred that the green card was approved without having to go through the waiver process. We have been apart 14 months already and I was hoping not to have to go through a long waiver process.

I have also been told it is best to retain a lawyer to help navigate the waiver process? Thoughts?

I plan to travel to Latvia to join Janis for his interview if this helps our situation.

Thanks for any information!

Tracy

[NikLR 13,220]

~~moved to waivers and AP discussion from IR1/CR1 process and procedures as OP is asking about waivers not about the basic IR1 process~~

[Boiler 43,402]

They would have to make a major mistake not to require a waiver for the 10 year ban, the reality is that for a simple overstay any half competent waiver will be approved.

I can not say if you have the capability to do it yourself, many do.

www.immigrate2us.net has a list of recommended Lawyers.

[tmeetre 0]

Thank you for the information I was under the impression he would fall into the 5 year ban.

[jan22 2,897]

Thank you for the information I was under the impression he would fall into the 5 year ban.

There is now 5 year ban for overstay -- it is either a 3 year or 10 year ineligibility. To know the length of the ineligibility, for sure would require the exact date of entry into and exit from the US.

If the overstay is more than 180 days, the person is ineligible to enter the US for 3 years without a waiver. The count on the number of overstay days starts the day after the length of authorized stay (i.e., if the person was authorized to stay in the US until June 30, the overstay begins July 1).

If the overstay is more than 365 days (again, starting the day after the authorized stay), the ineligibility is for 10 years.

It's possible with an entry in 2011 and departure towards the middle of 2013, and a 6-month authorized stay, that it would be less than 365 days past the authorized stay -- but you need to check the actual dates.

Edited October 13, 2014 by jan22

[Boiler 43,402]

Even if he entered on the very last day of 2011 he would have a 12 month overstay.

[MIDUVIL 34]

12 months (2012) + 7 months (2013) and some months in 2011

[belinda63 2,981]

Answer to the question is YES, he will need a waiver. He will go to the interview and be denied a visa. At that time he will be informed of the reasons why and hopefully the only one will be the need for the waiver for the overstay.

[NigeriaorBust 4,087]

Without a waiver the person must serve the ban . so they wont be able to come back for what remains of the 10 years.

[Mark88 183]

You will first have to attend the interview and get the denial. Then you are able to file a waiver. If out of any reason the visa should be granted (very unlikely), consider yourself lucky.