waiver of inadmissibilty

[tahir]

What is the name of your state?NY

I will greatly appreciate it if anyone can give me input regarding how hard is it to obtain a waiver of inadmissibility.
My wife overstayed in the US for more than 180 days after her I94 expired. We were married after her illegal stay and her I-485 is pending. She traveled to Canada last friday and is legally admitted there on a visitors visa. I knew that she might be barred from the US due to her stay here, but I decided to let her return to her parents since our marriage wasnt working out.
There has been a change in circumstances and she wants to come back. If I file the waiver, what are the chances of it getting approved and how long is the processing time? I can prove that she was the only means of financial support for me since I am in school right now, and I am disabled.

Any of the lawyers here I will really appreciate your help. If you know of any other means of bringing her back, I will be happy to hear your input.

Thanks.

 

[ImmigAttyLana]

It's very difficult to speculate on the chances of success for such a waiver, especially given that she will be applying for this in Pakistan. That is the primary reason I wanted you to be aware of the consequences of her departure from the US BEFORE she actually departed. The likelihood of success of this waiver greatly depends on the particular family circumstances and is reviewed on a case by case basis. The burden of proof will be on you and her to explain why she had overstayed and why it will be an undue burden for you--the US citizen spouse--if she is not permitted to reenter. Please keep in mind that although you state you are disabled and are a student, what did you submit as proof of ability to support (affidavit of support) at the time you filed the adjustment of status on her behalf? This is all now part of the record.

 

[tahir]

Lana I had filed the affidavit of support with a cosponsor to meet the financial requirements. From you expereince, are these waivers ever approved on circumstances like mine and my wife's. Or does her lengthy overstay really makes the problem worse?

Thanks so much for your advice.

 

[antonyall]

Waiver of inadmissability

Tahir! If you have not read my previous "10 year bar" threads, then permit me to summarize my situation. I lived in the US for about 15 years as an illegal alien and returned to my country of birth, Trinidad, in 2003, knowing full well the extent of the repercussions of my return. Up to a month ago i was not employed and seeking a means of returning to the US since Trinidad country is a foreign land to me, although I was born there. The three attorneys that i have consulted with indicate to me the difficulty in the waiver as I have no immense ties to the US. I expect that you have a serious connection with your spouse and do hope that the waiver is easier for you than it is for myself. My new job positions me all over the Caribbean as airplanes malfunction, and even at my present location, Antigua, I have met an individual who desires to return to the US using the waiver but is seeing difficulty. Please seek assistance from as many forums as possible if you are unable to obtain satisfactory information from this one and best wishes to you.

 

[ImmigAttyLana]

I cannot answer a blanket question like that, Tahir, as everything depends on the particular circumstances and I do not know the full extent of your circumstances. What I do know is that it does not matter how much of an overstay it was, if it was beyond a period of 180 days and fewer than 365 days, the bar is for 3 years; if it was for a period of greater than 365 days, the bar is for 10 years. How much beyond those key markers the person overstayed is of no relevance.