nouchka

Filling i601 form because I overstayed in the USA. Anyone been the situation? Do you know any lawyer that can help.
Thanks

ian-mstm

An overstay doesn't automatically mean you're inadmissible and would need an I-601 waiver.

Perhaps if you gave some background information, we'd be better able to advise you.

1) How long did you overstay?
2) Were you here on the Visa Waiver Program or did you have a visa?
3) If you had a visa, what type of visa?
4) How long have you been outside the US?
5) Why do you want to come back to the US?


Some people have, yes.

Ian

nouchka

Hi ian-mstm
Thank you for your prompt reply,
My husband filled the i130 for me in 2008, he is a green card holder. We were approved and I had my interview in London and was denied visa because I overstayed for more than 360 days. We have a daughter who is american citizen.
We are trying to fill the i601 the form but our lawyer in America never handled a London case. My husband has to prove "extreme hardship"
Do you know a good lawyer who can handle the case?

nouchka

3)I was on B2 visa.
4)I was living in the US with my husband and daughter
5)I want to come back because we have a home there.

Noorah101

Go to www.ailalawyer.com and make some contacts.

Rene

nouchka

Thank you Noorah101

hobbes79

How long has he been a greencard holder? Since 2008 only or before that?

nouchka

He's been Green card holder since 2007. His parents are American citizens.

ian-mstm

The day you left the US, you immediately triggered a 10-year ban from the US. Now I understand why you need a waiver. Sadly, if you hadn't left the US you would likely have been fine. When, exactly, did you leave the US?


Having a USC daughter will neither help nor hurt you.


Respectfully, you were not. You were visiting the US. It's a very important difference!

Ian

Squirrel

I'm confused? Your husband is only a PR yet he filed an I130 in 2008 and it was already approved? I didn't think PRs could get approval for a spouse that quickly, I thought it took years? When you say you had an interview, was it an interview for the spouse visa or the B2 visitor visa? If it was for a visitor visa you are not allowed to stay in the US for longer than 6 months.

S Folinsky

I don't do individual cases anymore, but rather consultation and writing for other lawyers. As it happens, I'm working TODAY on an I-601 for a 212(i) waiver -- which has many of the same requirements as the overstay waiver. In fact, much of the case law involves both waivers.

I've noted that AAU has finally gotten its act together -- but remember that AAU handles appeals of cases that were denied in the first place. Many of the denial are boilerplate recitation of the case law, note a fact, and then find no extreme hardship.

Lawyers are taught the "IRAC" rule for answering exam questions which is "Issue, Rule, Application of rule to facts, Conclusion. DHS seems to often follow and "IRC" rule of "Issue, Rule, you lose."

Good luck.

nouchka

I was also surprised that it happened so fast. We made the mistake by not consulting a lawyer.
My interview was for the spouse visa.

Noorah101

When an LPR files an I-130 for a foreign spouse, the I-130 approval can come as quickly as 5 or 6 months. It's the backlog in that visa category which takes a long time...it takes time for a visa number to become available. That time frame can speed up or slow down. Perhaps at one time it was taking 5 years for a case like that to get completed....at one time it was also only a 2-year wait...and then back up to 3 or 4, etc.

Rene

ian-mstm

Sadly, your biggest mistake was leaving the US.

Ian

nouchka

Ian, does it mean I don't have any chance to return to the US in the near future?