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Our family received approval for permanent residence under the EB-1A category.

It was later determined that the wife could not complete consular processing due to a three-year bar triggered by unlawful presence, which resulted from a technical issue related to a prior change of status filed while in the United States.

 

I understand that Form I-601 processing times can be very long, and I am trying to understand whether filing the waiver makes sense in our case, and whether there are applicants who have successfully filed Form I-601 without an attorney

Posted
9 minutes ago, svetbon said:

Our family received approval for permanent residence under the EB-1A category.

It was later determined that the wife could not complete consular processing due to a three-year bar triggered by unlawful presence, which resulted from a technical issue related to a prior change of status filed while in the United States.

 

I understand that Form I-601 processing times can be very long, and I am trying to understand whether filing the waiver makes sense in our case, and whether there are applicants who have successfully filed Form I-601 without an attorney

 

Your only options if you want to proceed and move to the US are for your wife to either wait out the ban, or get a waiver. Whether it makes sense to pursue the waiver or not depends, when is the ban due to end?

 

Plenty of people have filed I-601 without an attorney, VJ is a DIY site so I'm sure you'll find lot of hints and tips if you hunt around the forum. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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