ian-mstm

Return in the near future? Probably not. Return ever? Probably, yes.

When did you leave the US? You will likely not be able to return until 10 years has passed... unless the waiver is approved.

You will not be able to do this yourself - you must have an experienced immigration attorney on your side; someone who has experience with I-601 waivers. You must ask the attorney whether they have had success with I-601 waivers. If they haven't been successful, look for someone else.

Ian

discoviking

I agree, but some qualification is needed. If the husband is an LPR, a visa number would not have been immediately available, and I do not believe she would have been able to adjust in-country anyway. It would have been better to wait for the LPR husband to naturalize, then do an in-country AOS. That's neither here nor there, she left and triggered a 10 year ban, so it's too late now.

This underscores the importance of *always* consulting with a qualified immigration attorney before doing *anything*, especially leaving US soil - if one is in - let's say questionable immigration status.

The good news is that an LPR spouse *is* a qualifying relative for the purpose of a waiver.


That being said, the best advice I can give OP at this stage of the game, is to visit:

http://immigrate2us.net/

Most members there either are or have a significant other who are in the middle of, or have gone through the waiver process for various inadmissibility issues. the members there can help with the process of putting together a waiver package, and they have a list of recommended attorneys listed in their FAQ section, who are all experienced with inadmissabilities and the waiver process.

discoviking

Did his parents naturalize? If so, how old was he when they did?

discoviking

I would walk away from any attorney who guarantees a successful outcome. Any attorney who has experience with waivers will tell you that there are no guarantees, and that a seemingly slam dunk case could be denied while a case the attorney thought had no chance ended up being approved.

Ask the attorney you are considering to tell you how many waiver cases they have done overall, how many they have done in your home country, and what their success rate is.

nouchka

His parent naturalized and he was over 30 when they did.

nouchka

I left in July 2011.

discoviking

Ok, so he wasn't a minor in their custody when they naturalized, and did not automatically become a US citizen when they did.