Visa Lawyer

[pjpw2320 0]

I have to file an I-601 Waiver Application as a result of a denial of an I-130 Visa. Has anyone had experience with Dyan Williams Law PLLC from Minnsesota?

[Boiler 45,670]

29 minutes ago, pjpw2320 said:

I have to file an I-601 Waiver Application as a result of a denial of an I-130 Visa. Has anyone had experience with Dyan Williams Law PLLC from Minnsesota?

Never heard of them, is this a continuation of your K1 from 9 years ago?

[pjpw2320 0]

19 minutes ago, Boiler said:

Never heard of them, is this a continuation of your K1 from 9 years ago?

Not really. I completed that process, travelled to the US in June 2012, married within the 90 days and took up residence there under the approved K1 Visa. I had not, however, adjusted status due to mitigating factors to do with fluctuating household numbers and the effect of that on sponsor income requirements when, in early June 2018, I was called back to Australia urgently due to the the sudden death of my then 24 year old son.

 

I secured an Interview with US Immigration in Buffalo before leaving but was told there was nothing they could do to approve my absence at such short notice. I was told my wife would have to file an I-130 when I got back to Australia.

 

We did that and went through the process and obtained approval from USCIS and the National Visa Center only to be denied by the Consulate in Sydney due to my leaving having triggered S.221(a)(9)(B)(i)(II, the 10 year year bar period. We now have to file an I-601 Waiver application.

[SalishSea 17,928]

14 minutes ago, pjpw2320 said:

Not really. I completed that process, travelled to the US in June 2012, married within the 90 days and took up residence there under the approved K1 Visa. I had not, however, adjusted status due to mitigating factors to do with fluctuating household numbers and the effect of that on sponsor income requirements when, in early June 2018, I was called back to Australia urgently due to the the sudden death of my then 24 year old son.

 

I secured an Interview with US Immigration in Buffalo before leaving but was told there was nothing they could do to approve my absence at such short notice. I was told my wife would have to file an I-130 when I got back to Australia.

 

We did that and went through the process and obtained approval from USCIS and the National Visa Center only to be denied by the Consulate in Sydney due to my leaving having triggered S.221(a)(9)(B)(i)(II, the 10 year year bar period. We now have to file an I-601 Waiver application.

Why would leaving suddenly trigger that bar?   People abandon their AOS processes all the time without receiving bars.

[milimelo 4,502]

4 minutes ago, Jorgedig said:

Why would leaving suddenly trigger that bar?   People abandon their AOS processes all the time without receiving bars.

Op didn’t adjust status for 8 years. He’s been out of status after 90 days of his K-1 visa entry. 

[SalishSea 17,928]

Just now, milimelo said:

Op didn’t adjust status for 8 years. He’s been out of status after 90 days of his K-1 visa entry. 

My cue to go to sleep.   I evidently missed that detail!

[pjpw2320 0]

12 minutes ago, Jorgedig said:

Why would leaving suddenly trigger that bar?   People abandon their AOS processes all the time without receiving bars.

Because I left the country. If I had not left the country the bar would not have been triggered.

[pjpw2320 0]

13 minutes ago, Jorgedig said:

My cue to go to sleep.   I evidently missed that detail!

For 6 years actually at the time I left the US. I know that makes no real difference. My question really is if anyone has knowledge of Dyan Williams Law PLLC from Minnesota as my wife and I have selected her to handle our case.

[Boiler 45,670]

I 601 for a 6 year or so overstay is relatively easy and any half competent Lawyer should be able to oblige.

[Ryan H 3,813]

Moved from IR-1/CR-1 Process & Procedures to Waivers forum.

[pjpw2320 0]

3 minutes ago, Ryan H said:

Moved from IR-1/CR-1 Process & Procedures to Waivers forum.

Thank you.

[pjpw2320 0]

10 hours ago, Boiler said:

I 601 for a 6 year or so overstay is relatively easy and any half competent Lawyer should be able to oblige.

My understanding is that proving "extreme hardship" under the Waiver section of the INA, as we have to do, is not an easy process at all.

[Boiler 45,670]

1 hour ago, pjpw2320 said:

My understanding is that proving "extreme hardship" under the Waiver section of the INA, as we have to do, is not an easy process at all.

Why do you think that the statistics show otherwise?

[pjpw2320 0]

51 minutes ago, Boiler said:

Why do you think that the statistics show otherwise?

I did not know that. Can you direct me to the stats? My wife and I need reassurance I guess as we are very concerned about the possible outcome.

[SalishSea 17,928]

1 hour ago, pjpw2320 said:

I did not know that. Can you direct me to the stats? My wife and I need reassurance I guess as we are very concerned about the possible outcome.

I am not a lawyer, but I expect a good one would direct you to writing up a detailed description (with any pertinent documentation) of the mitigating circumstances which led you to not AOS during those six years.  Even before you hire a lawyer, you can go to USCIS.gov and read decisions on hardships, to get an idea of what they're looking for, and how the Administrative Appeals Office evaluates cases.

 

Best wishes, and I'm very sorry to hear of the loss of your son.