601 waiver question

[BelaO]

Hello everyone,

I just found this site and there is a lot of helpful information. I was hoping to see if anyone has had the 601 wiaver approved based on misinterpretation/overstay of a final order of deportation.

My fiancé just got deported from Florida this past weekend and he is facing 3 waivers, Fraud-Inadmissibility-Overstaying of deportation. He came from Albania about 10 years ago with a fake passport since the US consulate in Albania was closed due to political turmoil's in the country which forced me to request political asylum in US). On Feb 5, 2008 he was stopped on a traffic violation, got picked up and sent back last week.

I am planning to file for him but reading through/consulting various lawyers it seems that such 601 waiver would be impossible to get approved

The following hardships are what we’re faced with: Do you think we have enough hardships to even pursue a 601 waiver as you can read below?

-I am a naturalized US Citizen-political asylum fled Albania in 1990
-Been diagnosed with depression as a result of our current situation this separation ahead
-My mother was just diagnosed with cancer and my father with high blood pressure and major surgeries in the
-I am in a PHD program and my entire family lives in the states

My fiancé has a clean record.

Please advise if we have a chance of even winning the 601 wavier or should we even pursue this case.

[adeildo]

Welcome! good luck!

[emt103c]

This case is not impossible, you may or may not need an attorney.

Can you prove that you need to help your parents?

Can you prove that they are financially or otherwise dependent on you?

Can you prove that you would still be in danger to return to Albania?

These can be very strong hardships, you just have to prepare a strong and thorough package.

There is an attorney that is very experienced in these waivers here. You can see her chats on this site, and her website is visacentral.net. You could get a consultation with her for only $125 by email or a little bit more by phone. She has a strong history of approvals and will be very straightforward with you.

You can also check out these other attorneys who are experienced. If the attorneys you spoke to felt you didn't have a case, then they may not have much experience with this type of case, or they know some information about your specific case not listed here.

http://immigrate2us.net/forum/showthread.php?t=1163&highlight=recommended+attorneys

There is a ton of helpful information here. Good luck and welcome :-)

[Laura]

Welcome!

[BelaO]

Thanks Laura and ETM103

My main issue to overcome would be trying to explain the ignoring of a deportation order, which we found out only a few months ago it existed.

One lawyer said that he is considered to be a "deportation absonder" that;s why it would be impossible to get this waiver approved.

Have you guys seen or come accross any similar cases as such?

Its seems as it is going to be a very long process

Best
BelaO

[emt103c]

It is going to be a very long process. There are complicating factors in your case. I would probably try another attorney. Read through the stories here. I think you will find more than one person with a similar case, different country maybe, but similar cases. Take a look around.

I also just read that he entered on a fraudulent passport? Which country was the passport from? This seems more worrisome than the overstay past deportation. . .

[BelaO]

Well the passport was from Albania. However he did turn that into immigration once he filed for asylum which was denied.
I have come accross a few cases similar to ours.

We'll wait and see, I have a consultation with Laure tomorrow and see what she would recommend.

Thanks
BelaO

[cindy101]

Bela...

We had a F/M charge for Albania approved in Vienna. If you can prove the hardship- you can get the waiver approved. I spent over 3 months researching and putting my waiver together... but it was approved.

It is all about serious, concrete proof. w/ Albania/Vienna. Have hope!

[BelaO]

Thanks for your encouragement Cindy. Did you guys have a final deportation order "overstay"? Did you use Laura as your attorney?

I have some hardships but we dont have any children together.

I guess would have to put it together carefully.

Best
Bela

[tini]

BelaO - I read through your post and if I understood correctly you seem to be very worried about "overstay of deportation". When my husband and I got married we started the paperwork for him (2000) and we got an appt for the I130 (gosh Im starting to forget waivers and forms... :blush:) They told us that he had a deportation order on him since 1997 due to his prior aslym case. We were shocked! So he was on supervision for 6 years!! Then 2006 he was deported. Then one year later we got approved!! So there is a chance he will get approved.

I noticed you said something about should you pursue his case. Definetly!! Unfortunetly, there is no other way around it... Just stay strong and PRAY ALOT!!!!! Its gonna be tough at times but you can do it!!

Best of luck!



March 2006 - Deported
August 2006 - 1st Interview (handed in I601 & I212)
September 2006 - Vienna had waivers
March 2007 - APPROVED!!

[BelaO]

HI Tini,

Thanks for your post, it means a lot to find out that there is still a chance. Did your husband enter the country illegally or inspected? That is another barrier to overcome.

Did you have any medical hardships or based on just financial? Also who did you use as your lawyer?

Best,
BelaO

[tini]

BelaO - Sorry I have not responded quicker.... But yes my husband EWI. He came thru Canada.

Medical Hardships -- depression and stomach ulcer.
Financial Hardships --Husbands Company was spiraling downward and that was our only source of income. (I stay home with kids)
Personal Hardships -- Caregiver to my father


I did contact my Senators office from the beginning and kept in contact. And they did touch base with Vienna. So Im sure that could help.

Good Luck!

[wombystar]

BelaO, I think you should definitely pursue your case - I am currently preparing a 601 waiver for my Albanian husband who is in a similar situation.
My husband came to the US in 2001 with a false Italian passport. His asylum case was denied and we were then married. We showed up for his deportation notice (our lawyer told us we would be in more trouble if we didn't, but I'm not sure!), and he was taken into custody and deported just over a year ago. Now I am waiting for our interview at the embassy in Tirana, and I am thinking about how I am going to build my 601 case.
I am worried it's not very strong, this is what I have:

-All of my husband's family members are in the US, legally, as are mine. (I am a US-born citizen). His parents are very elderly and need support, they are permanent residents.
-I have been diagnosed with PTSD and depression and have been undergoing therapy
-I am in a PhD program in the US and do not speak Albanian and could not find work in Albania (and neither can my husband!)
-I have a huge amount of debt from school and credit cards which I could not pay if I moved to Albania

... that's about it. Also, I have visited my husband in Albania several times and I am afraid that will hurt my case, but I had to see him (and go into debt more by doing so!)

we have to just keep moving forward and keep being patient! good luck

[mosaic]

Hi Belao... My situation is very simular to yours and wombystar... My husband came over EWI as well with an italian passport.. He is from Albania we were approved for our I130... when we went for our interview here in the states we did not know he had a deportation ... his letter they sent for court was off by one house... He was detained for 6 months here in Michigan and deported.. He has been gone for a year now.. Our paper work from NVC is being sent to tirane and waiting for his interview.. Some of the things I am using for our hardship is...

I am a US-born citizen
I have a son from a previous marriage that I would not be able to take with me if I have to live i Albania.
I herniated disks in my neck and back.. My neck requires surgery due to the fact that it is putting pressure on my spinal cord which if any type of fall, accident, sneeze ex. can cause paralysis...
I am in college now for my assoc. in computer programing.

I do have more but to much to list...

I do wish you all the best and I hope it doesnt take as long as it has for me...