Impending Interview in London
Jul 24th 2008, 11:27 am
#1
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Impending Interview in London
Hi All,
I'm awaiting confirmation of date for my interview in London and would like to get some info on what to expect and how to prepare for a possible filing of a I-601. My background is as follows:
UKC married to USC; Lived in the US as a temporary resident while a bone fide application for asylum was pending. Left US in late teens but then returned on the VWP and 'overstayed'. Honestly at the time I wasnt really clued into the legal implications of overstaying or else I wouldnt have. Nevertheless, during this period of 'overstay', the asylum application was still pending, and no order for deportation had been issued. I left the US eventually to reside in the UK in 2002 and since travelled back and forth to the States with no problem. That was until last year when, after marrying my spouse I tried to reenter the US only to be told that since I had overstayed in 2002 while on the VWP, I was now barred from using it. As result, my spouse and I decided to begin filing the I-130 which has now been approved and I am now awaiting my interview here in London.
So back to the reason why I'm writing. Knowing the overstay is likely to be an issue at the interview, what possible ammunition do I have/could I use at the interview to help my case? Or should I just expect the visa to be denied and an appeal required? Could I mention the fact that the asylum petition was still pending? Would that work in my favour? Furthermore, if we have to go down the appeal route, are there any others out there who have had success overturning a denied visa due to overstay?
Your assistance would be much appreciated.
Jade
I'm awaiting confirmation of date for my interview in London and would like to get some info on what to expect and how to prepare for a possible filing of a I-601. My background is as follows:
UKC married to USC; Lived in the US as a temporary resident while a bone fide application for asylum was pending. Left US in late teens but then returned on the VWP and 'overstayed'. Honestly at the time I wasnt really clued into the legal implications of overstaying or else I wouldnt have. Nevertheless, during this period of 'overstay', the asylum application was still pending, and no order for deportation had been issued. I left the US eventually to reside in the UK in 2002 and since travelled back and forth to the States with no problem. That was until last year when, after marrying my spouse I tried to reenter the US only to be told that since I had overstayed in 2002 while on the VWP, I was now barred from using it. As result, my spouse and I decided to begin filing the I-130 which has now been approved and I am now awaiting my interview here in London.
So back to the reason why I'm writing. Knowing the overstay is likely to be an issue at the interview, what possible ammunition do I have/could I use at the interview to help my case? Or should I just expect the visa to be denied and an appeal required? Could I mention the fact that the asylum petition was still pending? Would that work in my favour? Furthermore, if we have to go down the appeal route, are there any others out there who have had success overturning a denied visa due to overstay?
Your assistance would be much appreciated.
Jade
Jul 24th 2008, 11:40 am
#2
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Posts: 58,687
Re: Impending Interview in London
Hi Jade,
You have multiple issues going on, I highly suggest speaking with an immigration attorney. If your immigrant visa is denied and you want to file a waiver, you will need an attorney's help. Waivers are not usually a do-it-yourself type of thing. It's best to speak with an attorney NOW, so he can start preparing a waiver, so that you can turn it in right way if your visa is denied.
The basis of a waiver is that there is extreme hardship to the USC (not to YOU). The USC must show extreme hardship in why the USC cannot manage to live in the USA without the spouse; and also why the USC cannot live in the spouse's country.
On a separate issue from your Immigrant Visa, I see that you are a UKC, had an asylum case pending, but were able to safely go back and live in the UK. To me, that defeats your asylum case. An asylum seeker can NOT safely go back to live in their country.
Best Wishes,
Rene
You have multiple issues going on, I highly suggest speaking with an immigration attorney. If your immigrant visa is denied and you want to file a waiver, you will need an attorney's help. Waivers are not usually a do-it-yourself type of thing. It's best to speak with an attorney NOW, so he can start preparing a waiver, so that you can turn it in right way if your visa is denied.
The basis of a waiver is that there is extreme hardship to the USC (not to YOU). The USC must show extreme hardship in why the USC cannot manage to live in the USA without the spouse; and also why the USC cannot live in the spouse's country.
On a separate issue from your Immigrant Visa, I see that you are a UKC, had an asylum case pending, but were able to safely go back and live in the UK. To me, that defeats your asylum case. An asylum seeker can NOT safely go back to live in their country.
Best Wishes,
Rene
Jul 24th 2008, 1:14 pm
#3
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Joined: Mar 2008
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Re: Impending Interview in London
Anyway there isn't enough information to know for sure and it is sufficiently complicated that a consultation with a good immigration attorney is definitely called for.
Jul 24th 2008, 9:09 pm
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Re: Impending Interview in London
Well, the asylum application was made by my mother who is from a third country while I was a minor. Her sitution did not permit her to reside in the UK or else I'm sure we would have moved to the UK together. I suppose that was why they granted temporary residency.
Either way, can you recommend an immigration lawyer i can contact?
Either way, can you recommend an immigration lawyer i can contact?
Last edited by Jadesam; Jul 24th 2008 at 10:01 pm.
Jul 25th 2008, 2:10 am
#5
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Posts: 58,687
Re: Impending Interview in London
Well, the asylum application was made by my mother who is from a third country while I was a minor. Her sitution did not permit her to reside in the UK or else I'm sure we would have moved to the UK together. I suppose that was why they granted temporary residency.
Either way, can you recommend an immigration lawyer i can contact?
Either way, can you recommend an immigration lawyer i can contact?
Go to www.ailalawyer.com to find a US immigration lawyer.
Best Wishes,
Rene
Jul 25th 2008, 2:24 am
#6
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Posts: 16,266
Re: Impending Interview in London
Hi All,
I'm awaiting confirmation of date for my interview in London and would like to get some info on what to expect and how to prepare for a possible filing of a I-601. My background is as follows:
UKC married to USC; Lived in the US as a temporary resident while a bone fide application for asylum was pending. Left US in late teens but then returned on the VWP and 'overstayed'. Honestly at the time I wasnt really clued into the legal implications of overstaying or else I wouldnt have. Nevertheless, during this period of 'overstay', the asylum application was still pending, and no order for deportation had been issued. I left the US eventually to reside in the UK in 2002 and since travelled back and forth to the States with no problem. That was until last year when, after marrying my spouse I tried to reenter the US only to be told that since I had overstayed in 2002 while on the VWP, I was now barred from using it. As result, my spouse and I decided to begin filing the I-130 which has now been approved and I am now awaiting my interview here in London.
So back to the reason why I'm writing. Knowing the overstay is likely to be an issue at the interview, what possible ammunition do I have/could I use at the interview to help my case? Or should I just expect the visa to be denied and an appeal required? Could I mention the fact that the asylum petition was still pending? Would that work in my favour? Furthermore, if we have to go down the appeal route, are there any others out there who have had success overturning a denied visa due to overstay?
Your assistance would be much appreciated.
Jade
I'm awaiting confirmation of date for my interview in London and would like to get some info on what to expect and how to prepare for a possible filing of a I-601. My background is as follows:
UKC married to USC; Lived in the US as a temporary resident while a bone fide application for asylum was pending. Left US in late teens but then returned on the VWP and 'overstayed'. Honestly at the time I wasnt really clued into the legal implications of overstaying or else I wouldnt have. Nevertheless, during this period of 'overstay', the asylum application was still pending, and no order for deportation had been issued. I left the US eventually to reside in the UK in 2002 and since travelled back and forth to the States with no problem. That was until last year when, after marrying my spouse I tried to reenter the US only to be told that since I had overstayed in 2002 while on the VWP, I was now barred from using it. As result, my spouse and I decided to begin filing the I-130 which has now been approved and I am now awaiting my interview here in London.
So back to the reason why I'm writing. Knowing the overstay is likely to be an issue at the interview, what possible ammunition do I have/could I use at the interview to help my case? Or should I just expect the visa to be denied and an appeal required? Could I mention the fact that the asylum petition was still pending? Would that work in my favour? Furthermore, if we have to go down the appeal route, are there any others out there who have had success overturning a denied visa due to overstay?
Your assistance would be much appreciated.
Jade
How long was the "overstay?" You don't mention.
Also, make sure that your asylum claim didn't mature into a deportation/removal hearing. Weird things can happen.
Jul 25th 2008, 2:31 am
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Re: Impending Interview in London
Well I do have to live in the US. My spouse is in the US and we have a 5mth old child who has only been seen once by his father. Leaving his job would mean significant financial loss and would mean major disruption of service at his job because of his position and responsibilities there. We cant bear the thought of having to live separated until 2012 when my ban would be lifted.
Jul 25th 2008, 2:33 am
#8
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Re: Impending Interview in London
My overstay was for 14 months.
Jul 25th 2008, 3:06 am
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Re: Impending Interview in London
I've heard there is a good message board like this one which deals more with waivers. I can't think of the name offhand, but if you do a search on this forum for others who have had to file waivers, I'm sure you'll find it. More people over at that other forum know about waivers, more than on this forum.
Try searching.
Rene
Try searching.
Rene
Jul 25th 2008, 3:10 am
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Re: Impending Interview in London
Thanks Renee
Jul 25th 2008, 3:50 am
#11
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Re: Impending Interview in London
Well I do have to live in the US. My spouse is in the US and we have a 5mth old child who has only been seen once by his father. Leaving his job would mean significant financial loss and would mean major disruption of service at his job because of his position and responsibilities there. We cant bear the thought of having to live separated until 2012 when my ban would be lifted.
Your best bet is to at least have a one time consultation with an attorney. I think the forum that has a lot of folks with knowledge of I-601's is www.immigrate2us.net - check them out to start gathering knowledge.
Good luck.
Jul 25th 2008, 3:54 am
#12
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Re: Impending Interview in London
I don't really follow this at all. I assume you are the father of the child, and you are speaking about yourself in third person? If your job is in the UK, you would have to leave the job in order to move to the US, so you would already have a disruption in income from yourself. If you are making this kind of money at your job in the UK, on the surface of what you've said so far, I see no reason why she can't move to the UK for a few years until your ban is lifted. However, I know very little about waivers, and perhaps there are other personal issues that could be used.
The waiver must show hardship to the USC, not the UKC. If the USC is highly skilled, I don't see why he wouldn't be able to find a similar job in the UK.
Rene
Jul 25th 2008, 4:09 am
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Re: Impending Interview in London
Renee, you've got the whole situation right.
And having my husband leave his job is easier said than done.
And having my husband leave his job is easier said than done.
Jul 25th 2008, 4:48 am
#14
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Re: Impending Interview in London
Well I do have to live in the US. My spouse is in the US and we have a 5mth old child who has only been seen once by his father. Leaving his job would mean significant financial loss and would mean major disruption of service at his job because of his position and responsibilities there. We cant bear the thought of having to live separated until 2012 when my ban would be lifted.
Based upon the 14 months, you will need a waiver. You have now laid out the facts. As mentioned in another post, you will have to show hardship to the US Citizen spouse and child.
You know your situation better than anyone on this forum -- after all, it is your case. It might help to think about facts that would establish hardship -- you may want to bounce them off of people here. Or you might want to hire a lawyer with experience in waivers.
So YOUR job now is to suggest why there would be hardship -- you have not stated any yet.
Jul 25th 2008, 4:58 am
#15
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Re: Impending Interview in London
Both Edward Gudeon and Kehrela Hodkinson are known for their work with waivers.
Obviously, you'd like to be reunited with your husband as soon as possible --- with this in mind it is probably best to speak with a US Immigration Attorney, based in London, sooner rather than later.
Best of luck to you.
Obviously, you'd like to be reunited with your husband as soon as possible --- with this in mind it is probably best to speak with a US Immigration Attorney, based in London, sooner rather than later.
Best of luck to you.
