I 601, 601a, help?

[JennChristo 1]

41 minutes ago, Boiler said:

You mentioned the UK as well.

Yes I spent 0 time there, though. Unsure how it works starting up there.

[Ruthie 14]

On 11/10/2018 at 5:07 PM, JennChristo said:

Alright, here goes:

 

I am a US citizen (and UK), with US residency. My husband (as of 10/01/18) is a Dominican & Greek Citizen with DR residency. I'm in the DR with him now, but am going stateside next week. We wanted to start his green card process, but I'm a little intimidated. 

 

Husband came to US on ESTA Program 5 years ago, and overstayed 1.5 years. He wasn't deported, he bought a plane ticket and left. He was arrested when he was in US, but has no charges on record. He also had cancer, which I'm being told may impact Visa?

 

My understanding is we have to apply for the Visa we know will be denied, and THEN file a waiver? Why can't we just jump to the waiver?

 

We have spoken to: one useless Dominican attorney who told us the waiver is just an apology and no big deal, one Catholic charities representative who has said everything will suck for us, and I can't apply til I have health insurance for him (?) and that's it. That's literally as far in the process as we have gotten.

 

Any help?

Going through the same with my husband. The reason you apply for the Visa first is that they ask for all the preliminaries (criminal record/ physical exam) and there may be a chance that they don't require a waiver. We went through our interview last February 4, 2018, were denied because of his criminal record (more than two offenses 40 years ago but not bad stuff) The immigration officer said we would need a waiver, but not for fraud but only for the crimes. (This is a BIG deal because proving extreme hardship is worse that proving rehab) Be as honest as possible, and explain that he overstayed but did the correct thing and left. He may not need a waiver. We're still waiting for our approval. Time is 12-15.5 months! Good luck with everything, and I hope this helps. xx

 

[Boiler 46,944]

11 minutes ago, Ruthie said:

Going through the same with my husband. The reason you apply for the Visa first is that they ask for all the preliminaries (criminal record/ physical exam) and there may be a chance that they don't require a waiver. We went through our interview last February 4, 2018, were denied because of his criminal record (more than two offenses 40 years ago but not bad stuff) The immigration officer said we would need a waiver, but not for fraud but only for the crimes. (This is a BIG deal because proving extreme hardship is worse that proving rehab) Be as honest as possible, and explain that he overstayed but did the correct thing and left. He may not need a waiver. We're still waiting for our approval. Time is 12-15.5 months! Good luck with everything, and I hope this helps. xx

 

OP stated he overstayed more than a year = 10 year ban.

[JennChristo 1]

13 minutes ago, Ruthie said:

Going through the same with my husband. The reason you apply for the Visa first is that they ask for all the preliminaries (criminal record/ physical exam) and there may be a chance that they don't require a waiver. We went through our interview last February 4, 2018, were denied because of his criminal record (more than two offenses 40 years ago but not bad stuff) The immigration officer said we would need a waiver, but not for fraud but only for the crimes. (This is a BIG deal because proving extreme hardship is worse that proving rehab) Be as honest as possible, and explain that he overstayed but did the correct thing and left. He may not need a waiver. We're still waiting for our approval. Time is 12-15.5 months! Good luck with everything, and I hope this helps. xx

 

Thanks a lot ❤️❤️❤️ good luck to you as well!!

[Ruthie 14]

7 minutes ago, Boiler said:

OP stated he overstayed more than a year = 10 year ban.

Yeah, just saw that in the comments. That's awful for them.

[JennChristo 1]

What do you mean awful?