What to really expect from Athens?

[arctictaha]

Hi Everyone- I am very new to this site, and I am looking to receive some feedback regarding waivers through Athens. I just returned from Israel after 10 very difficult months. The hardest time of my life. I went to Israel with my husband to do the consular processing and thought we would finally come home with a greencard in tow, but after administrative processing, and a advisory opinion failed my husband was found "unlawfully present" and given a ten year bar. We had a attorney and folllowed everything she told us to do, and left the U.S. before obtaining 180 of unlawful presence, but they still found him inadmissible. So now we have only one last try, and if this waiver fails, I know we will be devastated. I have three children from a previous marriage and cannot remove them from the USA, and can imagine the pain of choosing between the love of my life or remaining in the USA. Life for me in Israel is nothing short of difficult. For he is a Arab and we live in a village. My husband works 16 to 18 hours a day and it's hardly enough just to feed us. If I have to return again I fear I will not make it emotionally. I am alone with no one to talk to, though most I do meet can not speak English. I have no friends, or family and I am isolated from everything I know. Can someone please tell what you think I could use to prove unusual hardship? I want to have hope, but at this moment I feel hopeless and the unknown is beyond painful. I look forward to hearing from someone. Thanks

[Dorothea]

Hi Arctic, I'm so sorry to hear about this. Have you considered contacting a lawyer? There is a great lawyer people on here often use, Laurel Scott. Her website is visacentral.net. She does an inexpensive consultation, and might be able to help you.
If I were you I'd post this in a different section, because this area is for Mexico.
Maybe a mod will come around and move it for you!
Good luck to you!

[arctictaha]

Edit By Moderator: Threads merged. Please refer to Post #1. Contents are the same.

[Glühbirne]

Welcome to the sight. Are you waiting to submit your waiver or have you already submitted it?

There is a sticky with many examples of approved waivers filed in different places around the world. I don't know if there are any from Athens, but you could check.

Many of the members of this sight, including myself, filed successfull waivers of the ten year bar for thier spouses, so it can be done. Please post a timeline of your case so far and give us a little more background.

You are among friends who can empathize, so don't lose hope.

[Shrek]

Can you give us more details about your case? The 10 year bar is for unlawful presence of over 1 year, the 3 year bar is for an overstay of 6 months to one year. What were the grounds of refusal for his visa? The consulate had to give him a paper listing the section of the law that they were using to deny his visa. We need more info.

[arctictaha]

Dear Ms.

Please find below our correspondence with your lawyer:

Thank you for your correspondence regarding my finding of ineligibility under INA Section 212(a)(9)(B)(i)(II) of your client, xxxx In your email, you stated that: xxxxx xxxxx entered the United States on November 2, 2005, as a K-1 fiancé, with a period of admission for 90 days, until January 31, 2006. Following his period of lawful admission, Mr. xxxx properly filed an adjustment of status application on May 15, 2006...on May 7, 2007, Mr. xxxx was able to depart the United States." Since the adjustment of status was not filed until May 15, 2006 and Mr. xxxx was out of status when it was filed, the filing was not timely.
As you are no doubt aware, 9 FAM 40.92 N5 “Tolling” for Good Cause states, "Therefore, for all cases involving potential ineligibility under INA 212(a)(9)(B) whether under the three-year bar of 212(a)(9)(B)(i)(I) or the 10-year bar of INA 212a(9)(B)(i)(ll), INS has decided to consider all time during which an application for extension of stay (EOS) or change of nonimmigrant status (COS) is pending to be time authorized by the Attorney General (AG) provided: (1) The application was filed in a timely manner, i.e., before the expiration date of the Form I-94, Nonimmigrant Visa Waiver Arrival Departure Document; (2) The application was "nonfrivolous"; and, (3) The alien has not engaged in unauthorized employment (whether before or after April 1, 1997.)

Mr. xxxx never adjusted status from his K-1 visa, and so he was required to depart the United States on January 31, 2006. He did not make a timely adjustment of status application. Therefore, I cannot "toll for good cause" the period when his later filings were pending. Mr. xxxx departed the United States May 7, 2007. He was therefore illegally present in the United States in excess of 365 days, resulting in a 10 year bar. Mr. xxxx will need to apply for a waiver of ineligibility.

As I previously explained to him, Mr. xxxx is welcome to contact us at any time should he decide to seek a waiver of this ineligibility. As you may have heard, we are consolidating Tel Aviv immigrant visa operations with the Consulate General Jerusalem consular district, and over the course of this month, all IV operations and cases pending in Tel Aviv will be moved to the Consulate General in Jerusalem. (Mr. xxxx will receive correspondence from us directly on the move, and a public announcement has been posted at http://israel.usembassy.gov/publish/imvisa.htm.) Should Mr. xxxx decide to seek a waiver, I would encourage him to contact both Posts (ivtelaviv@state.gov and jerusalemiv@state.gov) at the same time, to ensure that we have an opportunity to respond to his request for a waiver appointment in the most timely manner.

Thank you again for your correspondence.

Warm regards,
Immigrant Visa Unit Chief
U.S. Embassy Tel Aviv
Israel

Can you give us more details about your case? The 10 year bar is for unlawful presence of over 1 year, the 3 year bar is for an overstay of 6 months to one year. What were the grounds of refusal for his visa? The consulate had to give him a paper listing the section of the law that they were using to deny his visa. We need more info.

[Shrek]

So he entered on a K-1 fiance visa and you got married within the required 90 days? Are you saying that he also had to file for adjustment of status within this 90 day period? Or was the problem that he waited for over 4 months to file for adjustment?

[arctictaha]

Yes,
His I-94 expired in January 31,2006 and he did not file AOS until May, so that is what they are getting him on. Our lawyer still views everything different even at this point. They know that we did our best to stay within the laws, and when our lawyer said it's time to leave for Israel, we packed up our lives and left. They had taken away his passport the sametime he was given a NTA, back in May of 2006, here they wanted him to leave the country but took away the necessary document in order to board a plane, it was completely insane trying to leave but we managed somehow. And after all this he was still found illegally present. If any person has any insight on this sort of situation, I would love to hear back. Thanks




So he entered on a K-1 fiance visa and you got married within the required 90 days? Are you saying that he also had to file for adjustment of status within this 90 day period? Or was the problem that he waited for over 4 months to file for adjustment?