maxalt

I'll keep this as short as possible.
Timeline:

Met my (now) wife on the 'net in August 2000
Came over from UK 12th Sep 2000 with 2way ticket intending to return back to UK.
Married mid Oct
Both returned to UK 01 Dec 2000 and came back to USA 2 weeks later.
Filed for Tax ID # shortly after.
June 30th 2005 (yes, 2005) Filed I-485 along with application for a travel permit.
July 2005: Applied for work permit/SSN/Drivers licence - received without a problem.
Dec 21 2005 both visited family in UK under I-512L.
Jan 3 2006 arrived back in USA.
Jan 13 AOS interview.

This week, "It appears you are inadmissable under section 212(a)(9)(B)(i)(II) of the INA<snip>

......accrued six(?)years and 5 months of unlawful presence, therefore you are not eligible to AOS until Dec 2015

Section 212(a)(9)(B)(v) provides a waiver of this provision..."

I've never been in trouble (Except a speeding ticket) and I've never worked illegally.

Basically we're scared to death, can anybody shed some light on what will happen to us, or me?

scrubbedexpat099

You should not have left the US until you adjusted status, got your GC.

You used your AP to enter the US?, they should have refused entry as as soon as you left you as that triggered a 10 year ban.

But you were let in, sounds like one for the compotent immigration lawyer.

lovenlife

Get a lawyer but 212(a)(9)(B)(v) basically deals with hardship waiver to a USC spouse where their alien counter part is here in unlawful status:

(B)ALIENS UNLAWFULLY PRESENT.-

(v)Waiver.-The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.

http://uscis.gov/lpBin/lpext.dll/ins...htm#slb-act212

snowbunny

He must have used the VWP to enter in 2000 and overstayed -- though not six years -- but long enough to trigger a 10 year ban. Then while the I-485 was pending received AP and used it to travel on AP.

You (the OP) need an immigration lawyer. Now.

maxalt

Here's the thing, we have an immigration lawyer who filed all the paperwork, came with us to the AOS interview and has been on hand to answer anything we need to know.

Our lawyer made the whole process sound so easy, we were impressed with how smoothly things were going after the medical, SSN work permit etc and it was (Up until now) a walk in the park.

From reading other forum posts I see that we have to prove extreme hardship through a letter which will accompany our I-601.
This will be difficult as I'm not working, we have no children (Not for the lack of trying) and my wife has a comfortable job.

<skip this part if you don't care/don't want to read my rantings>

I'm desperately trying to find a positive in all of this but since we arrived back on US soil this year has been nothing but a literal nightmare and this just stretches the very unfunny joke that has been 2006 so far.

The 2 highlights so far have been:

We got back into the country, I was detained by Immigration for over an hour - my wife wasn't told where I was and was worried sick.
We missed our connection back to our destination and had to wait 6 hours for another.
The "Airline" lost our baggage when we finally arrived back home.

2 days later we drove to my inlaws to pick up our dog who for reasons I won't go into here had to have expensive surgery to remove a tumor, so my companion with whom I've spent the last 5 years with (almost 24/7) now has cancer.

The AOS interview came next, it seemed to go well although they'd lost some paperwork on their end.

<end of ranty part>

Now we have this to cope with, my wife and I have a glorious marriage. Sure, we've had problems to face in the past but we're solid.
Despite this fact, at the moment it all seems very uncertain and bleak and it's a feeling I detest.

If anybody has any reading suggestions or pointers, please let me know.

Thank you.

ian-mstm

Since the hardship is to the US citizen and "I can't be with my husband" is not sufficient, I think you're facing an uphill battle. Sorry! I understand why you call yourself Maxalt... this would give me a migraine too!

Anyway, you have an immigration attorney... make him earn his fees, or find someone better to represent you.

Ian

maxalt

You're the 2nd person to get the reference in the 4 years I've been using this moniker

I just spoke with my attourney, was advised to either file 601 or appeal.
My attourney agreed that it was insane that they'd granted me a travel permit then denied AOS for that factor.
I don't think I was exactly comfortable with my attourney asking me which route we should go - this is an experienced immigration lawyer and to be asked that question without me having any real knowledge of either road is a little unsettling and didn't inspire me with the greatest confidence.

Anyhow, we have an appointment next week to see where we're going next.

Noorah101

Hi Max,

It's very typical of USCIS to grant a benefit for which you've applied (in your case, the AP). Whether you are qualified to use it is not their concern. You applied, paid the fee, and got issued the appropriate document. Unfortunately, USCIS doesn't know if you are qualified to actually put that document to use or not, that's up to each individual to know beforehand. I'm surprised your attorney did not discuss possible pitfalls with using the AP in your situation.

Best Wishes,
Rene

fatbrit

I'm wondering about the attorney here, but unsure from the facts so far given about the sequence of events and their part in it. If they knew that you were planning to make a visit outside and that you had an overstay that would result in this calamity, why the hell did they not advise you of the severe consequences of leaving? If this were the case, it would seem rather remiss to me.

Girona40

Really the lawyer should have known you were an over stay'r from the word go, and he should have figured out this and the USCIS possible response(s)

Just Jenney

I'm going to hazard a guess that the OP's attorney was never informed of his travel plans. More likely, as soon as the OP got his AP he assumed that he could travel outside the US and return with no problems -- so why bother his attorney with unnecessary details?

His AOS interview was scheduled for a date three weeks after he left for the UK. Delaying a visit for a month versus being banned from the US for 10 years... If his attorney DID know about his travel plans, then no doubt he needs a new attorney. TODAY.

~ Jenney

scrubbedexpat099

It says very clearly on the AP application - TRAVEL WARNING, and if memory serves me right also on the doc itself not to use it if you are not eligible. Also it would be pretty basic info for a lawyer to know.

I am just surprised you were let back in.

Waivers - see www.immigrate2us.net for examples, not that hard to come up with the right spiel. Seems most lawyers are clueless on waivers.

scrubbedexpat099

But why waste the money with the application, assuming his lawyer was involved.

fatbrit

Hopefully, the OP can clarify.

maxalt

We've been upfront and honest with the whole thing, I've read enough over the last few years to know that honesty is really the best policy when it comes to INS and that's the route we took.

Our lawyer took the $125 or so for the travel permit and filed it on our behalf.

We received 2 copies, one of which Immigration took at re-entry - I still have the other.

Quote:
"NOTICE TO APPLICANT: Presentation of this authorization will permit you to resume your application for adjustment of status upon your return to The United States"
Endquote.

Our lawyer saw no problem with this other than the fee, which wasn't an issue at the time - I'd not seen my parents or siblings in 5 years so a plane ticket for the 2 of us and the I-512L fee was worth it (monetarily).

Any thoughts or suggestions are still appreciated.

Edit: Our lawyer was fully aware of my overstay.