We still don't know if we need waiver

[teacherlynn]

My husband has been in Albania for exactly a year now. We prepared a waiver with the help of a lawyer. He had his interview at the embassy on May 22nd. They asked him to submit some additional papers such as his original political asylum application and denial, our 2007 taxes, and a new police certicficate. He went back to the embassy today with all of the papers and the consular said she had to review them and she would get back to him in a week to let him know if he would get a visa or if he would have to submit a waiver.

Technically my husband was deported last June. He didn't get picked up or anything. He was placed under an order of supervision while we were waiting for the outcome of our I-130 and his political asylum appeal. Once those were both completed the officer at the INS told him he had to leave by June 12. He did so at his own expense and reported to the embassy and had the paperwork filled out to prove he was there. Although he left at his own expense it wasn't voluntary departure.

Our lawyer told us that they wouldn't ask for all of this additional paperwork if they were not considering his case. Of course we are really hoping they will just give him a visa and not have to submit the waiver considering he has already been gone for a year. Has anyone been through a similar situation? It seemed as though the consular was going to base her decision on whether or not he had voluntary departure. Like I said, he didn't but he was reporting to INS under an order of supervision and left at his own expense. At this point I have no idea what to expect. If anyone has a similar experience or some knowledge about this type of situation I would love some input. Thanks!

[bohorquez]

I hope someone answers your question soon. But I have never encountered something like this before. But I'll assume he doesn't need a wavier? Keep us informed.

[teacherlynn]

They called today and said he needs the waiver. Not what we wanted to hear at all. Oh well, I guess we just have to wait it out.

[bohorquez]

I'm sorry but at least know you know what the next steps are. Are you currently with your husband?

[patiencemkp]

The same thing happened with my spouse - he was unable to submit the waiver until a cursory check of all the paperwork. I posted the same questions and it appears that the counsolate needs to check to make sure which type of waiver (or if he is eligible for a waiver) before allowing him to submit the waiver. However, keep your chin up - the waiver is (hopefully) the last bit of paperwork needed to reunite you guys!

Patti

[cindy101]

My hubby filed for asylum and had VD from Albania.
Came on false passport and we had to file a waiver- 601

You will have to file an I-212 since they said not VD, and what type of waiver will you be filing for? What were your grounds of excludability- the original entrance violation?
will have better answers for you if I know that.

Hang in there, all things are possible.

[emt103c]

So you will only need the I-212, right? He didn't overstay, but they're counting his departure as a deportation? What is their reasoning?

[teacherlynn]

Thanks everyone. He is in Albania and I'm here in the states. We have a house and I'm a teacher so unfortunately I can't go there with him right now. He just picked up the paper today from the embassy and it said they found him ineligible for illegal presence from June 2001 to May 2002, deportation, and entry with a false passport (not a US passport, an Albanian one). It only mentioned filing the 212 waiver and not the 601. I'm confused because our lawyer NEVER mentioned the 212. I spent countless hours on preparing the 601 waiver and put together a document that's over 200 pages. My lawyer was out of town and just emailed me to tell me we will work on the 212. I don't know if that's all we need or if we need both. Does anyone know anything about the 212? I had heard of it but didn't look into it a whole lot since our lawyer never mentioned it before. Is that easier to have approved than the 601? Any information would be greatly appreciated. At this point I'm just overwhelmed. He has been gone for over a year and now we are probably looking at at least another 6 months to a year. We never expected this. For some reason our lawyer likes to give us his optimistic views and originally when my husband went back to Albania he didn't think the whole process would take more than 3 months. He didn't think he would even need a waiver. My husband was technically deported but was under an order of supervision while we were waiting for our I 130 to be approved and for the decision of his asylum appeal. He reported to INS every 90 days and after his asylum appeal was denied the INS gave him a date by which he had to leave. He was never "picked up" by INS and left at his own expense when he was told to. Our lawyer claimed that though he didn't technically have voluntary departure the embassy would see that he followed all directions and left at his own expense. Sorry to ramble, I'm just getting tired of all of the paperwork and the denials.

[emt103c]

The overstay was just under a year, for this reason he would not need the I-601 because under a year gets only a three year ban, which ended in 2005 if he exited in 2002. Count yourself VERY lucky, they are not making a charge of Misrepresentation for the fake passport, that is VERY surprising but very fortuitous.

If you check out the I-212 section of this forum, you will find that an I-212 is much easier to get approved because it has a different burden of evidence. Basically you have to prove that there is a relationship and that it would be better for all concerned if he is allowed to enter.

All of the information that you compiled to do the Harship package can be used for the I-212. . .I sent in a packet proving hardship that was just as thick as the 601 packet. The difference is that you don't have that as a burden of proof, but it CAN BE considered. . .check out this link (http://immigrate2us.net/forum/showthread.php?t=339). It explains how a 212 is adjudicated.

It seems weird that they checked denied for the overstay, if they aren't making him file the waiver. . . .

[emt103c]

I'm rereading your post over and over. . .it sounds like your husband is probably reading that he needs a waiver of INA 212. . . .which means that he needs the I-601, that waives all of the sections of INA 212 (Overstay, Misrepresentation) that he's been charged with.

I tried to edit my other post, but I was too late. . .

[teacherlynn]

Thank you again. Like I said, I'm confused:( My lawyer just got back so I haven't been able to talk with him. They mentioned nothing to my husband but the 212 so I'm not sure. I guess I'll find out when I talk to him tomorrow...but it seems like we may have to file both. I'm just emotionally drained at this point. I told the lawyer, I've never been so upset to have a good life! We have no serious health problems and we don't have kids because we knew all this was pending. It seems like our 601 could be denied because of this. We have other hardships but our lawyer said medical and children are the big things they look for.

[cindy101]

You are going to need a really good HSL...

You will have to file the 212 & the 601. If you have done the 601, the 212 will be a snap.

Please read my approved letter in the stickies to know what level of letter can get approved thru Vienna. Wishing you the best of luck, we're here to help along the way. Don't trust a lawyer to write your HSL. Post it here, minus the personal info, and get the people who have gone thru the process to help you.