Has anybody been waiver denied for illegal precense more them 1 year???

[kev&fabi]

Hello To All,

My Waiver Has Been Send To Lima Last Week ...im Not Sure If Lima Got It Yet, I Have Few Questions ..i Hope I Can Find Your Guys Help...

1) First I Like To Ask If Anybody Has Been Waiver Denied Thru Lima For A Illegal Presence More Than A Year??

2)after The Case Is Denied (please God Help Us) What Happen ???

3)should We Appeal???

4)and We Need A Attorney For That?

5)and How Long May Take For A Response???

6) Thats Anybody In This Forum Who Got Denied And Approved After??

Oh My God ...im Sorry To All Of You But Im Losing Myself ...this Process Is A Killer!!!

Please Share With Me If You Have A Similar Experience...

Thanks Again!
Fabi

[Laura]

I think you are a little confused. Having illegal presence of more than a year is a reason to have your visa denied, but it's NOT a reason to have your waiver denied. If you are eligible for a waiver it will be denied because you didn't prove enough extreme hardship to your USC spouse or because of other factors besides unlawful presence that complicate your case.

Does that help at all?

[kev&fabi]

I think you are a little confused. Having illegal presence of more than a year is a reason to have your visa denied, but it's NOT a reason to have your waiver denied. If you are eligible for a waiver it will be denied because you didn't prove enough extreme hardship to your USC spouse or because of other factors besides unlawful presence that complicate your case.

Does that help at all?

ok, yes uts clear...im learning a lot with this forum..thank you!

[DosEnamorados]

How long does person have to be in Mexico after interview for waiver not be necessary.

Or in which cases is the waiver not necessary in CDJ.

Can some one explain it.

[Laura]

Dos - it depends. If a person has been unlawfully present for more than a year and then leaves the U.S. they have a 10-year-ban on re-entering the U.S. So I mean, if you left the U.S. for 10 years you wouldn't need a waiver, but that's probably not the preferred scenario.

If a person had unlawful presence of more than six months and less than a year they only have a 3-year bar.

The I-601 waiver can immediately overcome either of those bars if the person has a USC fiance/spouse or parent.

If a person has a year or more of unlawful presence, followed by a departure and then an entry without inspection they have a permanent bar and no waiver available for 10 years.