New here & confused!

[ILoveLucy21]

Hi Everyone!

I just found out about this group and it sounds so friendly and helpful! My situation is as follows: When I was 4 my parents and I entered the U.S. on a B2 Visa yet we have overstayed ever since. I'm now 21 and since I'm no longer 18 I've technically been illegal for 3 years. I graduated with my Bachelor's a few months back yet I can no longer continue my future here with blocked opportunities. I'm leaving this fall to get my Master's degree at a great University in London. I'm excited to go yet I'm hoping there's a way I can come back to the states before my 10 year ban is over. So far it sounds like my only hope is the 601 waiver everyone is talking about. I have a boyfriend and if we're still together once I finish my Master's (1.5 years) we're considering getting married. Yet I need to prove hardship to get the required waiver, for those of you that got your waiver approved can you tell me your own situation so I get an idea of what they consider to be hardship? I'm young and confused, please let me know.

Also, I read if you file the waiver in certain countries it's more likely to get passed? Why is that? Does it depend on the level of development of the country for example?

I'm from Germany by the way so I have EU citizenship (hard to prove hardship!) , help! I had always dreamed of going to Law School here and I'm crushed after I did some research and bluntly asked an immigration attorney.

[meesh]

Hi there! Welcome to the site! I agree that people here are very friendly and helpful. It sounds like you are familiar with some of the immigration laws related to your case. Once you leave, you will not be allowed to come back for 10 years, unless someone files for a waiver on your behalf and the waiver is approved. If your boyfriend is a permanent resident or US citizen, he could petition on your behalf once you are engaged or married. He would have to prove extreme and unusual hardship to himself. They are not interested in the hardship that you would experience, unfortunately. The qualifying relative would have to prove this with evidence to support the arguments. Arguments might include health conditions, educational and professional opportunities, financial situation, family circumstances, etc. You can check the examples of approved hardship letters on this website, although the majority are through Ciudad Juarez. It seems to be more lenient in approving waivers than other consulates. You are from Germany? I think you would go through Frankfurt, if I remember correctly. I believe they are somewhat strict, but someone else might post in regards to that, because I am not sure. If you are seriously considering marriage with your boyfriend, it would be in your benefit to remain in the US to adjust status, which may be possible since you entered on a valid visa. That would require postponing your Master's plans, though. Good luck!

[kitkat1]

It would be a good idea to research the waiver situation and approval rates in Germany. Waiver processing and approval rates differ by country because while the law about waivers in general is clear, the definition of extreme hardship is interpreted differently all over the world (makes no sense to anyone!) If you are engaged or married, you could qualify for a waiver through your fiance/husband as Meesh said. I would also consult a qualified attorney -- you would need to address the overstay as well as having been a student without a student visa. I would also do that long before you are ready to leave, since legal re-entry once you've left will not be possible.

[MistyB]

If the OP is an EU citizen, resident requirements are sticky arent they? Couldnt she file from the UK and use London?

I think it's easy to say that one embassy is easier than another one but in the end the hardship is what counts. How you prove it to the US citizen.

[ILoveLucy21]

Thanks for the help everyone!!! Misty I think you're right, I had been thinking about that myself. They might argue that my husband could become a citizen anywhere in the EU so why not move to another country of he didn't like Germany?

By the way, do I file in the country I was born in or any (EU or otherwise)? (I'm also a Mexican citizen) or I read somewhere that my husband could file in the U.S. . .

How long does this entire process approximately take if I had a chance to come back?


Sorry for all the questions, I just want to make sure I do the right thing once it gets closer

[Adriane]

Lucy-

If you can file in Mexico, I would do that. The consulate in Ciudad Juarez has a program that allows you to file your waiver and get a response same-day rather than waiting out the process (it's called the Pilot Program here.)

You should really consult with an attorney experienced in I-601 waivers BEFORE you leave. I'd recommend an attorney who posts here frequently, Laurel Scott. She has a website and hosts a free chat where she answers questions on Wednesdays at 11 CST. www.visacentral.net.

Good luck!

[ILoveLucy21]

Wow really? I was wondering why Ciudad Juarez was so popular! I'm definitely going to try and take part of the live chat hopefully next week! I'm planning to file in a year after I complete my Master's but I'm trying to get as much information ahead of time to take the right steps and prepare :) By the way, is it Americans working in Ciudad Juarez or Mexicans? This isn't really talked about but I'm sure prejudices play a role since decisions involve subjectivity.