Does he need an I-601?

[lauren32983]

Hi,
My husband left the U.S. under voluntary departure in June 2007. We are now both living in Amman, Jordan. (I have been going back and forth). I know that any time after April 1, 1997 is what is counted against you for unlawful presence. My husband's case is complicated. Our I-130 was approved and is at the NVC now. We just mailed the AOS Fee Bill yesterday and sent the DS-3032 VIA email 2 weeks ago, they received it and said they are preparing the IV Fee Bill. I am concerned that at the interview they will say he needs a waiver. He had an I-130 filed by his first wife but they ended up divorced and the petition was withdrawn.(this was 6 years ago) and he was also granted Advance Parole in 1998. Does the time the application was pending count against him for unlawful presence? My question is how they could give someone Advance Parole if they were illegal? Do you think he might not be required to obtain a waiver? He took voluntary departure since his ex made his life hell, she did whatever it took to get him out of the country.(including calling INS to pick him up while he was visiting his daughter) I am just worried because I know the I-601 waivers for Amman go through Athens, and they seem like they take a long time. Is there any plans for the Waiver Pilot Program in other countries? I hate that we have to wait possibly another year after the interview.(which we don't even know when it will be yet)
Please Help!!!

[profesora]

ok, the most important thing is how he initially entered the US. did he walk across the border without inspection or did he enter on a visa and overstay? if he entered without inspection (EWI) he will definitely need the waiver.

if he entered with a visa and overstayed, he wouldn't normally need one, EXCEPT i'm not sure if that is affected by the VD thing. does anyone know if you need a waiver if you entered with a visa but received VD?

[lauren32983]

He entered with a visa back in 89, it was a student visa but he didn't fulfill the school requirements, so it was an overstay. He got married in 97 to his first wife, they filed the I-130 in 98. But then they gave him that Advance Parole in 98(I-130 was pending),he came to Jordan for a month, then re-entered the U.S. without any problems, so I would assume they would have known he was illegal then. His first wife withdrew her petition in early 2001, he was under proceedings until 2007, when he got the Voluntary Departure. His case is confusing to me, so I hope this information helps you in telling me what you think. Thanks for your input.

[profesora]

well, he did not enter without inspection...so that looks good for you.

[Jardinera]

He still needs a waiver, because when he left the U.S., he triggered the 10-year bar. If he had stayed he could have adjusted status, but whether you EWI and stay for more than a year, or overstay a visa more than a year, once you leave the U.S., you trigger the 10-year bar. He definitely needs a waiver unless I am misunderstanding and he wasn't out of status for a long time.

You might want to talk to Sam1010 - she also lives in Jordan, their waiver was just approved. I believe it did take a year though.

[lauren32983]

thanks for the input, yeah i wish our lawyer would have mentioned that he could have just adjusted status and not left the country...i wish i would have done more research then but i was dumb and thought the lawyer knew what he was talking about...i will ask sam1010 thanks!

[Pinkpig]

Hi,
My husband left the U.S. under voluntary departure in June 2007. He left with voluntary departure, he was not removed at gov't expense nor deported? Did he see an immigration judge for this voluntary departure? We are now both living in Amman, Jordan. (I have been going back and forth). I know that any time after April 1, 1997 is what is counted against you for unlawful presence. My husband's case is complicated. Our I-130 was approved and is at the NVC now. We just mailed the AOS Fee Bill yesterday and sent the DS-3032 VIA email 2 weeks ago, they received it and said they are preparing the IV Fee Bill. I am concerned that at the interview they will say he needs a waiver. He had an I-130 filed by his first wife but they ended up divorced and the petition was withdrawn.(this was 6 years ago) Because he had a previous I-130 filed with his previous wife will cause his case to have more scrutiny. and he was also granted Advance Parole in 1998. Does the time the application was pending count against him for unlawful presence? I do not have the legal expertise to tell you this for sure. My question is how they could give someone Advance Parole if they were illegal? They make mistakes like this all the time. They will do a full and thorough investigation when you apply for an immigrant visa, so for sure they will have all of this information about your spouse when he goes for his interview at the consulate. He will be required to explain each of these things that he has done. Do you think he might not be required to obtain a waiver? I can not answer this for sure. It depends on what the CO at the consulate charges him with. They will look at his entire history and then decide what to charge him with. If I had to guess I would say yes, he will need the I-601 waiver. He took voluntary departure since his ex made his life hell, she did whatever it took to get him out of the country.(including calling INS to pick him up while he was visiting his daughter) I am just worried because I know the I-601 waivers for Amman go through Athens, and they seem like they take a long time. Is there any plans for the Waiver Pilot Program in other countries? No other country besides Mexico has the Pilot Program. I hate that we have to wait possibly another year after the interview.(which we don't even know when it will be yet)
Please Help!!!

Your case is complex. You have several aggravating factors in your case. I would think if you need the I-601 waiver you will need strong hardships for an approval. I recommend that you do a consult with Laurel Scott or Heather Poole to determine what your strategy will be for going forward. I agree that you need to be prepared with the waiver when he goes for his interview/otherwise you are going to be waiting longer.

You need a trusted immigration lawyer to look over all the facts of your case and give you their best legal opinion.

Laurel is here: http://visacentral.net/

Heather is here: http://www.humanrightsattorney.com/ If you have your sound turned on she will talk to you.

Both have tons of information on their sites that can help you understand your case. I recommend that you definitely read Laurel's I-601 memo that was updated on April 3, 2008: http://visacentral.net/I601Memo.pdf
It will help you understand why your husband's case will require such a strong hardship waiver package.

I am sorry that I am unable to give you a definite answer, but your case is complicated and I do not want to take the chance for any disappoint you may have down the road in this process. That is why you need a lawyer to help you understand exactly what you need to do to overcome this. You need all the facts now. I know that these two lawyers will give you the information you need honestly!

You may be able to do this yourself with the help of this site but for sure you need a lawyer's opinion first.

Good Luck and please post other questions that you have here in the forum. We will try to help you.