Advice on overstay PLEASE ?

[Aussie-Amero]

Hi All,

I have spent 7 solid hours of internet trawlling to end up here in tears. I am hoping someone who knows far more than I do will offer some/any advice. I will give you some background to help...

I overstayed on a visa waiver from Oct 02 to Dec 04 in the US ....dumbest thing I have ever done. In Dec 04 in love with an American, I returned to australia unable to deal with being 'illegal anymore'. Now we are married and he is living here - all 100% legal and no problems there.

In the US I recieved some incorrect legal advice whilst there which was an attributing factor to why I overstayed this long. Last week I went to see a lawyer here. They both looked at my passport and I told them I overstayed 600 days crying my eyes out...they started laughing, asking what the problem was as this was only a mister minor and I should legal entry within 7 months tops...I was skeptical when I heard this as it sounded too easy but they was SO confident about my situation. Well yesterday they called and completely reversed they're position. They told me I would be looking at 10 years refusal of entry and that it would cost over $15000 and there was only a SLIGHT chance of winning.

I have no criminal record nor does my American husband anywhere in the world. I am university educated as is my husband. It is not clear if they have a record of me overstaying as I left via JFK just before the to US visit exist program was begun at JKF.

We haven't filed for a spousal visa yet..

Can anybody please help me as I have no faith in this Australian Attornery considering what they didn't tell me or know when I first met them.

Can anybody recommend an immigration attorney specialist in I212 or I601's.....Pink Pig and any other immigration informed human beings
...please what do you see in your immigration crystal ball. How bad is this all going to be?

I will also post this under the I212 incase this is in the wrong location.

Thanks for anyone responding...I need all the help I can get right now:shy::shy:

[jesuslovesyou]

Hi

first you have never been deported you dont need i-212 you need i-601 waiver you are in a wong forum .

dont worry looking at your situation you have more favorable situations but you also need to show hardship if you look into i-601 forum you will find peoples hardship letters which will give you an idea look into the forum


I would not trust a austalian lawyer about american immigrtion matters something as such i-601 there are very few good lawyers who can do this
rest are fake and fraud like reeves . my sugesstion contact Laurel Scott see
her posts in i-601 forum www.visacentral.com

and finally matthew from germany was in the same situation in 2006 he wanted to visit US he had a probation violtion and 3 attempts o enter usa after and overstay on visa waiver hes from germany . has a US citizen spouse
he applied for visit visa and gor it approved with waiver for 3 months . thats
212(d)(3) waiver which you can apply and most probably get but ae you intrested in immigrant visa or non immigrant visa

hope this helps and no need to cry ..things can be solved


Jesus Loves You

[Aussie-Amero]

Thanks Jesus for pointing me in the right direction....much appreciated. I am a little confused about the 212 D you mentioned as I didn't think I'd get a 212 because I was never deported.....could you explain a little more...

xxpeta

[jesuslovesyou]

its not that you wont get i-212 you dont need it as your not deported its only for people who are deported ..you have n overstay to overcome overstay you need i-601 visa and both i-212 and i-601 are for immigrant visa.


for non immigrant visa there is only one waiver its a general waiver which covers all the inadmsabilitys so bsically whatever your inadmisability might be
you can apply for 212(d)(3) except certan security and terrorist issues.


except canadians everybody who want to take advantage of 212(d)(3) aplly directly through consulate no special forms or fee required you just apply for your visa and qualify for your visa like anybody else then consulate wighs your situation and sends a recomendation to DHS to waive your ineligibilitys
and DHS is final autority and desides on wether or not to ..or if they want to put any conditions on the approval

hope this helps long things short if you want Greencard you need i-601 for which u need your spousl visa approved and go through consulate for all the process it takes about 1 to 2 yrs atleast.

if you want non immigrant visa you can apply in consulate and consulate desides if they want to recomend a wiaver for you which takes about 1 to 2 months extra than normal visa process us consulate australia says 4 to 6 weeks.

Godbless

JLU