same story but different situation

[easterlilly]

Hello everyone!, I always thought that I was deported because I recieved a Notice of Deportation / Exclusion. I voluntary depart chicago on time almost 2years ago now.
My lawyer is now preparing a waiver I601, and told me that she conviced the judge in chicago that I did not commit M/F , but since I unfortunately left chicago( as if I had a choice) I now had to go through consulate to file for waiver to be able to go back to US.
My question is, here in the Philippines before you can get a visa you will go through inspection, criminal background and all that processing. I read about EWI, where people overstayed in United states, illegally or crossed the border and they are b for 10 years or lifetime. Since the judge found that I was not admissable ( or what do you call that legal term?) am I consider EWI since I overstayed?
I had a single entry, over stayed in the US, my lawyer is now going to argue once again that I dont need a waiver to go back to US, although we already have a prepared waiver, what is my chances to get approve, i know that there is no guarantee that I get a visa, but I just want to get some idea what to expect..

[emt103c]

No, you are not considered EWI, EWI is when you sneak into the country without going through a checkpoint at all (Entry Without inspection)

When you are not charged with anything except for overstay, your chances of being approved become much higher. . .Fraud and Misrepresentation are much more difficult to overcome. Don't get me wrong, you still have to prove your case, but there is less of a negative to overcome.

I'm glad to hear they are making progress on your case!

[easterlilly]

Thank you.. my lawyer said she was able to convinced that I did not commit Fraud, does this means I have higher chance of being approved. My case now is being forwarded to NVC and perhaps would able to get interview date. How long it takes to process my petitio.what is my status am I F1 or F2? do I have I-130 since it is my USC citizen son's petition? sorry for all this question..

[emt103c]

Easter, these are very specific questions and you should definitely ask them of your attorney. It's hard for us to know these answers without seeing your whole case, but your attorney can answer all of these questions.

As for the I-130, that was the first form that your son would have filed to start your case, so yes, you do have one of those. As for how long it will take to get an appointmnet date, usually the petition of an Immediate Relative has a visa number "readily available" so it will only take a couple of months at the NVC level, and then you will have your interview and the processing of the I-601.