waiver of excludability....

Old Jan 23rd 2003, 3:08 pm
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Default waiver of excludability....

My husband had his interview today and was denied because of his overstay. They were very nice and helpful and gave him this waiver and told him to fill it out, send it in with a check for $195 and they are going to process it....
The one thing they said was that he DOES NOT need a lawyer to fill it out for him. They just said fill it out so we can process it for you quickly.
Now I just reviewed the form on the INS site and it is not the form that proves "extreme hardship" like I thought it was.
It simply asked why he was denied.
Is this correct?
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Old Jan 23rd 2003, 3:24 pm
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Default Re: waiver of excludability....

How long was his overstay out of interest.
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Old Jan 23rd 2003, 3:53 pm
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Default depends

how long did he overstay? does he have a bar against him?
what does it say on his passport when he was leaving
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Old Jan 23rd 2003, 3:58 pm
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he overstayed about a year...
his passport sayd nothing...just has the stamp date of when he entered and when he left.
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Old Jan 23rd 2003, 4:02 pm
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Default hmm

hmm, i thought they have to stamp your passport "overstay", if u did stay more than 180 days.well let me know how it goes, good luck with the waiver
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Old Jan 23rd 2003, 4:06 pm
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Originally posted by rachel212
he overstayed about a year...
his passport sayd nothing...just has the stamp date of when he entered and when he left.
Doesn't a 1-year overstay trigger a 3 or 10-year ban (depending if it is under or over a year)? I would probably feel better having a lawyer do the waiver if the overstay was 1 year, but this is just my opinion. Good luck, and I hope that you will be done soon with the INS...

Caroline
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Old Jan 23rd 2003, 4:06 pm
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Default Re: waiver of excludability....

Originally posted by rachel212
My husband had his interview today and was denied because of his overstay. They were very nice and helpful and gave him this waiver and told him to fill it out, send it in with a check for $195 and they are going to process it....
The one thing they said was that he DOES NOT need a lawyer to fill it out for him. They just said fill it out so we can process it for you quickly.
Now I just reviewed the form on the INS site and it is not the form that proves "extreme hardship" like I thought it was.
It simply asked why he was denied.
Is this correct?
Shalom Rachel:

Based upon our past discussions, I think his case is doable.

Did Tel Avi really say that? [Or were you doing the K-3 in Nicosia?] Strictly against policy. And who said it? A consular officer or a "FSN" [e.g. Israeli] embassy staffer?

The I-601 form does not ask the right questions -- it is simply a biographical form. And you do need to show "extreme hardship."

Back in 1992, an employment based client of mine was given a short sheet of paper at his visa interview in Seoul and instructed to sign it. He asked what it was and was told "Nothing, it won't affect your case, just sign" by the Korean FSN. It was confession of entry fraud.

It took us SEVEN years for us to get him back to the US [and we stopped charging long before -- it became a personal crusade on the part of our office -- it sometimes happens]. [BTW, the "confession" was bilingual -- in English it was a confession of entry fraud three years previous. In Korean, it was a confession of fraud committed the following day when you factored in the International Date Line].

Yes, Rachel, they are wrong.

Good luck.
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Old Jan 23rd 2003, 4:22 pm
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Folinskyinla,

Thanks for your reply. Yes, his interview for K-3 was in Nicosia this morning.
Now, what did they do wrong? Just by telling him he doesn't need a lawyer to fill out the form?
It was his interviewer.
They were all ready to stamp him....the stamp was in the air ready to come down on his passport, but the interviewer started looking at his entry and exit stamps and asked him if he had ever overstayed....he said yes.

Anyway... they said to fill this form out, (601??) send a check, ($195) it would go to Athens for processing, take 1-3 months, and then if that doesn't work we can always appeal.

What do I do?? I really want to get on it quickly.
I just fill out the 601 and on the side, prove my many reasons of extreme hardship? I have about 5 really good ones.

thanks so much!
Rachel
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Old Jan 23rd 2003, 4:28 pm
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what kind of visa did he overstay in? i was just wondering if u are "out of status" then that is considered overstaying too rite? even though the person left b4 or right after the visa expired.
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Old Jan 23rd 2003, 5:39 pm
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This is a really good topic, as we have seen several people on the ng lately about people with overstays, i myself am one and have 6 days to my interview, i have already prepared the 601, but im just wonderring if i need to fill out another form just in case. like your husband i want to be prepared, i overstayed 120days, no convictions or anything else, if you could tell me what form he actually had to fill in, i would grateful

dee
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Old Jan 23rd 2003, 5:49 pm
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dee,
I think they gave him the 601. Not sure, because he literally just left the interview this morning.

How did you prepare the 601? Did you do it yourself?
Did you just fill it in, and then explain your reasons of 'extreme hardship' separately on a separate page?
What did you write in where it says:
applicant was declared inadmissible for the folowing reason....

I'm so anxious to get this filled out and sent in....
thanks so much!
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Old Jan 23rd 2003, 6:26 pm
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Originally posted by rachel212
Folinskyinla,

Thanks for your reply. Yes, his interview for K-3 was in Nicosia this morning.
Now, what did they do wrong? Just by telling him he doesn't need a lawyer to fill out the form?
It was his interviewer.
They were all ready to stamp him....the stamp was in the air ready to come down on his passport, but the interviewer started looking at his entry and exit stamps and asked him if he had ever overstayed....he said yes.

Anyway... they said to fill this form out, (601??) send a check, ($195) it would go to Athens for processing, take 1-3 months, and then if that doesn't work we can always appeal.

What do I do?? I really want to get on it quickly.
I just fill out the 601 and on the side, prove my many reasons of extreme hardship? I have about 5 really good ones.

thanks so much!
Rachel
Rachel:

Consular staff are under strict instructions never to discourage obtaining legal help. If asked "Do I need a lawyer?", the correct answer is "Its up to you."

BTW, the consulate does NOT adjudicate the waiver, they take it and forward it on to the nearest INS office -- which I think will either be Athens or Rome in your case.

The trick in these cases is convince INS that "etreme hardship" doesn't just stand by itself, but must be weighed against other factors.
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Old Jan 23rd 2003, 6:59 pm
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Default Re: waiver of excludability....

I have researched the 601 waiver as well, since I might end up in the same
situation as your husband. Along with the form you need the "Letter of
Hardship" telling why it is hard on you to be apart from your husband and
why it would be hard for you to move to his country, in terms of employment,
family ties etc. With that letter send in supporting statements from people
around you, doctors, clergymen etc. You should get all documents notarized
including your own statement, and send all of this to your husband so he can
send it along with the form.



"rachel212" skrev i en meddelelse
news:623460.[email protected]...
    > dee,
    > I think they gave him the 601. Not sure, because he literally just left
    > the interview this morning.
    > How did you prepare the 601? Did you do it yourself?
    > Did you just fill it in, and then explain your reasons of 'extreme
    > hardship' separately on a separate page?
    > What did you write in where it says:
    > applicant was declared inadmissible for the folowing reason....
    > I'm so anxious to get this filled out and sent in....
    > thanks so much!
    > --
    > Posted via http://britishexpats.com
 
Old Jan 23rd 2003, 7:06 pm
  #14  
Dennis
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Default Re: waiver of excludability....

You can look at http://k1.exit.com/crimeswaiver.html as a guide for what to
include

"rachel212" skrev i en meddelelse
news:[email protected]...
    > dee,
    > I think they gave him the 601. Not sure, because he literally just left
    > the interview this morning.
    > How did you prepare the 601? Did you do it yourself?
    > Did you just fill it in, and then explain your reasons of 'extreme
    > hardship' separately on a separate page?
    > What did you write in where it says:
    > applicant was declared inadmissible for the folowing reason....
    > I'm so anxious to get this filled out and sent in....
    > thanks so much!
    > --
    > Posted via http://britishexpats.com
 
Old Jan 23rd 2003, 7:30 pm
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Folinskyinla,
I've been calling lawyers all day...
Please tell me, what exactly am I asking them to prepare for me? Is it the 601 waiver and proving the extreme hardship?
I want to make sure whomever I choose has had success with these kinds of waivers...

thanks.
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