Someone please answer....desperate

[Zia80]

ON the DS156 when you mark "yes" on the have you ever overstayed on a previos visa question ...

Does it help to attach an explanation of what happened.

Do you acrue unlawful presence while you are waiting for a decision ?

What about unauthorised employment? Does it affect immigration law on unlawful presence?

On the 601, does it help to strenghthen a case when you also include why the non-USC cannot live in the home country?

What kind of argument might i be able to build if my newborn USC son cannot enter the US till he is 8 yrs old if I get a 10 year ban....please help

I have posted a few times now and hope someone can revivie my thread.

Thanks
Zia80

[emt103c]

See below:

ON the DS156 when you mark "yes" on the have you ever overstayed on a previos visa question ...

Does it help to attach an explanation of what happened.

Only fill in what is asked of you. . .if you feel very strongly about it you can, but it won't really make a difference as they are only going strictly by the law. The reason doesn't matter, just the length of overstay.

Do you acrue unlawful presence while you are waiting for a decision ?

Awaiting a decision for what?

What about unauthorised employment? Does it affect immigration law on unlawful presence?

They do not ask about this usually. There is nothing in the INA that gives punitive action for working. . .though it is illegal, it is not something the consulate routinely asks about. There have been MANY people on this site with the same situation and they weren't asked.

On the 601, does it help to strenghthen a case when you also include why the non-USC cannot live in the home country?

YES

What kind of argument might i be able to build if my newborn USC son cannot enter the US till he is 8 yrs old if I get a 10 year ban....please help

You need to tell how this would affect the USC parent of the child. . .this WILL relate, you just have to make it.

I have posted a few times now and hope someone can revivie my thread.

Thanks
Zia80

[douginguam]

Zia80,
When I was writing my hardship letter as the USC (thank god with approval as the result), if I had a hardship that was most directly felt by my children or my wife I turned that hardship around by talking about the pain/hardship (etc) I would suffer because of their issue. How I would be a failure, how hard it would be for me to see them suffering etc.....
An example would be the hardship that would be suffered by the USC when having to decide whether to relocate their USC child to live in the non-USC’s country. If USC moves the child they keep the family together, but the child misses out on his/her birthright - such as an adequate education, adequate health care, etc.... If USC does not move the child, the child will be without non-USC parent which would cause great pain to USC watching child growing up without father/mother …. Both choices cause the USC deep pain and guilt.
It seems from your note that you are a simple overstay – 10 year bar. I feel that enables USC to dwell even more on what will happen at the end of 10 years if the waiver is not granted – especially in the way it impacts USC through the child. How USC will feel about the child having to establish two lives – the first for 8 years and then arrive in US like an immigrant, even though they are citizen, how USC will feel about the child’s position having missed out on being in the US …..
Similarly leverage can be built up about the non-USC being unable to live in their home country. The hardship the USC is demonstrating is the hardship over and above simply going to the non-USC's home country to live. If one of the issues is that you both cannot go to that country - that should be a good start.

I always felt that the important thing in writing the letter was to be able to show that whatever happens within the family has its impact on the USC – I still do not know what decisions I would have made if the waiver had not been granted – I don’t know how I could have made those decisions. To me it did not matter that the USC does not suffer the pain of the cut – I as the USC would suffer even more pain through the empathy/feelings/sympathy and compassion that is established through the marriage/birth/family bond.

Hope this helps

[Zia80]

Thank you so much, this helps a great deal.:)

[Zia80]

Dear Emt103c ,

From Dec 30, 2004 to June 16, 2005 I was in the US, out of student status waiting to hear on my I-539 Change of Status case, and I-765 fro Employment Authorization for Optional Practical Training.
Did I have the right to remain in the States till I got a decision or will this time add to my unlawful presence.

It is significant for me to know this becasue it means a 3 or 10 yr bar. After the unfavorable decision I continued to stay in the US and left on my own June 5, 2006, which puts me under a year of overstay, I think.

My case is real technical because even though my SEVIS file was terminated by my DSO's error in Nov 22, 2004. My I-20 form states I was enrolled in school till December 31, 2004. Which I was ( graduation was Dec 17, 2004)

Would the 38 days from Nov 22,2004 to December 30,2004 be added to my unlawful presence even though my I-20 states i was ok till December 31, 2004??

Please help

[emt103c]

I posted my opinion on your other thread here (http://immigrate2us.net/forum/showthread.php?t=16346)

If the immigration officials (not your school guy) found you out of status, on the VERY same day, you started accruing unlawful presence. It seems from your account that you will probably need the I-601, though obviously the final decision will be up to the Consular Officer.

I would do a consultation with Laurel. It is well worth the $125 to have peace of mind and a definite answer.