IR-1 visa. 10 years ban

[BKII 2]

Hello 

I question  maybe some one could answer or help me with some tips

I will try to make it simple as much as I can 

I am under the 10 years ban it stared in mrch 2009  so 20 months remaining

I over staying my visa for 14 months

 

 

Any way I have got married  2 years a go I have a lil girl 1 year old  both of them are us citezin I 

We have applied for IR-1 visa  still wating for the embassy appointment. 

Do you think they could approve the visa 

Or reject it 

What do you think would happen?

By the way I am a Jordanian 

Thanks in advance 

[aleful 1,905]

of course you will be denied if your ban isn't up, the ban needs to be ended by the time you have your interview or you will be denied

 

the officer will most likely tell you that you need a waiver

 

 

[Hypnos 6,579]

It will probably take nearly as long to apply for the waiver, which has no guarantee of success, compared to waiting out the bar, which does. 

 

You have zero chance of being issued the visa without one of those two things happening. It isn't a matter of discretion; the CO has no latitude whatsoever to vary the law just for you. 

Edited August 4, 2017 by Hypnos

[jakelake 223]

2 hours ago, BKII said:

Hello 

I question  maybe some one could answer or help me with some tips

I will try to make it simple as much as I can 

I am under the 10 years ban it stared in mrch 2009  so 20 months remaining

I over staying my visa for 14 months

 

 

Any way I have got married  2 years a go I have a lil girl 1 year old  both of them are us citezin I 

We have applied for IR-1 visa  still wating for the embassy appointment. 

Do you think they could approve the visa 

Or reject it 

What do you think would happen?

By the way I am a Jordanian 

Thanks in advance 

This is an example of where an experienced and competent immigration attorney is worth hiring.

[goldenbae 62]

you are still within the ban, and they will see it, i doubt they will let you enter 

[kzielu 1,154]

33 minutes ago, jakelake said:

This is an example of where an experienced and competent immigration attorney is worth hiring.

For ? Wasting money ?

If someone's inadmissible, attorney won't do jack about it short of helping out with putting the waiver together - which is others pointed out - can take same amount of time as waiting out the ban - which will be free as opposed to "experienced and competent immigration attorney".

[pushbrk 13,625]

3 hours ago, kzielu said:

For ? Wasting money ?

If someone's inadmissible, attorney won't do jack about it short of helping out with putting the waiver together - which is others pointed out - can take same amount of time as waiting out the ban - which will be free as opposed to "experienced and competent immigration attorney".

A competent and ethical immigration attorney would have informed you of what people here are telling you.  Until the ban expires or a waiver is granted, there will be no visa.  At this point, waiting out the ban would seem the most prudent course of action.

[geowrian 22,339]

6 hours ago, jakelake said:

This is an example of where an experienced and competent immigration attorney is worth hiring.

Not really. At best, they will tell you what others said here and suggest waiting out the ban. Otherwise, they will essentially take your money and charge for services that won't actually help you get your visa any faster or are any more likely to succeed.

[BKII 2]

Umm I see 

So I have submitted my ds-260 in June 10 and submitted all the documents before that  I mean everything that ask for 

So I guess they would get back to me August 10   hope so 2weeks after get rejected  and start work on the waiver form 

So do you think  I will get my next interview 4 to 6 months later ??? 

What do you think guys about my plans 

By the way thanks guys I appreciate your concern

[Coco8 1,054]

From what I have seen on VJ, people that are in the US overstaying and have to travel to their countries for the interview, usually get waivers while they are in the US and process them before the interview. Then, they take them to the interview. Those waivers take a while, like even 6 months or more.(*) So if you can apply for waiver you can keep pushing your interview date at the consulate stage until you receive the waiver.

 

Because the situation you are in, you might need a lawyer. You have too many problems. How were you able to get in the US with a 10 year ban that you had not completed and add to that an overstay??? I am very confused.

 

(*) I've seen someone say it can take as long as your ban above. But if it is possible to process while you are in the US, the separation with your family might be lower.

Edited August 4, 2017 by Coco8

[Boiler 47,503]

Waivers are taking 7 months or so, up to you if you want to go through the process or wait it out, I would do the waiver if it was me, no real downside apart from the cost.

[JohnnyintheUSA 34]

10 hours ago, kzielu said:

For ? Wasting money ?

If someone's inadmissible, attorney won't do jack about it short of helping out with putting the waiver together - which is others pointed out - can take same amount of time as waiting out the ban - which will be free as opposed to "experienced and competent immigration attorney".

 The lawyer might give you some hope but it will be false. The ban must end first. Do not hire a lawyer it will be dead money. Just wait your time. 

Edited August 4, 2017 by JohnnyintheUSA
error

[geowrian 22,339]

3 hours ago, BKII said:

So I have submitted my ds-260 in June 10 and submitted all the documents before that  I mean everything that ask for 

So I guess they would get back to me August 10   hope so 2weeks after get rejected  and start work on the waiver form 

So do you think  I will get my next interview 4 to 6 months later ??? 

What do you think guys about my plans

I'm not familiar with Jordan's interview timelines (especially if you are going through DCF like your profile states), sorry. But it will probably be in at least a few months. After the interview, if it goes well, your case will go through some AP. Once that checks out and you would otherwise be approved for a visa, you will get the refusal due to the ban, and can submit a waiver at that time. Or at the interview, you could be issued a 221g for more documents or verification, which will delay the case.

Waivers can take 6-9+ months to process (sometimes only a few months, sometimes a full year or longer).

 

Based on your stated timeline, it may be faster to do the waiver than just waiting out the ban. It all really depends on when you interview, when your case would otherwise be approved (extended AP is not uncommon for Jordanians from what I've seen), and how long the waiver takes to process. The best thing here is probably to just go through the process and wait for the refusal due to the bar. Then determine if the waiver is worth going for (it's close to a $1000 filing fee, plus any attorney fees to help with the waiver) based on the remaining time until the bar has passed.

 

2 hours ago, Coco8 said:

From what I have seen on VJ, people that are in the US overstaying and have to travel to their countries for the interview, usually get waivers while they are in the US and process them before the interview. Then, they take them to the interview. Those waivers take a while, like even 6 months or more.(*) So if you can apply for waiver you can keep pushing your interview date at the consulate stage until you receive the waiver.

 

Because the situation you are in, you might need a lawyer. You have too many problems. How were you able to get in the US with a 10 year ban that you had not completed and add to that an overstay??? I am very confused.

 

(*) I've seen someone say it can take as long as your ban above. But if it is possible to process while you are in the US, the separation with your family might be lower.

I think the OP is not in the US now since he said the ban started in 2009 when he overstayed by 14, plus if he were in the US, he could have just filed for AOS w/o a bar. As such, the I-601A provisional waiver won't work and he needs to wait until the visa is refused, then file the I-601.

Edited August 4, 2017 by geowrian

[Boiler 47,503]

 

20 months for the ban to end

 

7 months say for a waiver

 

Couple of months say for the visa interview.

 

So 11 months ahead of the game if he goes the waiver route.

[Cathi 5,849]

2 hours ago, Boiler said:

 

20 months for the ban to end

 

7 months say for a waiver

 

Couple of months say for the visa interview.

 

So 11 months ahead of the game if he goes the waiver route.

This