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  • Waiver

    Hi.
    I entered US Illegally and got married with us citizen we are living together and very happy.
    Since (245)i is taking too long to extend we decided after getting the opinion of my Lawyer that we will go for Waiver.
    But in order to apply for Waiver i have to go back to my country and wait for Approval or disapproval.
    My question is how long i have to wait after filling the waiver and what are the chances of approval what is the usual approval ratio of waiver Cases.
    Any comments will be Highly Appreciable.
    Thanks
    Regard's
    Shan

  • #2
    Hi.
    I entered US Illegally and got married with us citizen we are living together and very happy.
    Since (245)i is taking too long to extend we decided after getting the opinion of my Lawyer that we will go for Waiver.
    But in order to apply for Waiver i have to go back to my country and wait for Approval or disapproval.
    My question is how long i have to wait after filling the waiver and what are the chances of approval what is the usual approval ratio of waiver Cases.
    Any comments will be Highly Appreciable.
    Thanks
    Regard's
    Shan

    Comment


    • #3
      A waiver will take at least a year to be adjudicated. As your lawyer probably told you, if the waiver is denied you are barred from re-entering the U.S. for 3 or 10 years (depending on how much time you have accrued in unlawful status). The chances of success depend very much upon the grounds of the waiver and supporting documentation. I don't know these facts, so I cannot comment either way.

      Comment


      • #4
        what is wring in staying here with your married wife?

        If you guys are happy wait like everyone else.
        I am not sure of your situation but whatever it is do not leave the country because its taking too long many of us are going through some tough waiting periods. You should have a job here for when you applied to be married.
        You should have your EAD card no?
        Things will be mroe complicated after you leave. You are married and happy just stay and work it out.
        3-10 years bar does not sound like a good thing!

        Comment


        • #5
          thank you so much for your commensts u guys are right i donot have to leave us untill things change in our favour.
          why i was thinking about that option because i wanted to visit my family and it's been four years any way i definately agree thank u so much again god bless you.
          Regard's
          Shan

          Comment


          • #6
            Wish what is EAD CARD NO.?FIRST OF ALL I DONOT KNOW WHAT IT IS.?
            EXPLAIN ME PLEASE AND IS IT POSSIBLE I CAN HAVE WORK PERMIT.?
            THANKS
            REGARD'S
            SHAN

            Comment


            • #7
              I am not sure when you got married. But if it has been more than 1.5 years you should be up for an interview soon. After that you can travel and come back with the conditiona green card. I knwo that sometimes we have doubts. I have a lot myself. If you work, you can send money to your family so they are healthy and you can see them healthy when you go visit them for the first time in 4 years.

              Comment


              • #8
                EAD card is work permit. You apply for that while you are adjusting status. It should have gone with all the papers that you sent with your marriage.

                Comment


                • #9
                  Wish thanks you so much again i have been married for last two years but i did not get any interview date plus my dear even an interview will not help me unless 245(i) will extend as u know i entered usa illegally.
                  and wish one more thing i can't get my work permit until i am adjusting my status or i am in process.?
                  because my employer is keep bothering me and he is telling me almost every day to get your paper i told him it's not in my hand it's in process it will take time but i donot know he never let me stay in peace.
                  Wish i donot want to loose that job it's really great job for me i am making good money out of it and as u said my family will be healthy and happy if i keep sending them the money and i guess 4 years does not matter then.
                  Wish my employered hired me and he told me give me the some body else social security so that u can work on papers i gave him my friend social security and since then it's been one year i am working on it but i donot know all of a sudden he start bothering me what can i do to make him believe that it will take time and hopefully i will get my papers one day.
                  your remark's and opinions will be highly appreciable.
                  Regard's
                  Shan

                  Comment


                  • #10
                    Well if your employer is looking for proof and to shut him up for a minute you can show him the deductions that have been made in your account by INS because you file the forms, also some sort of receipt that they are working on it (usually they send you some notice showing that INS have received your papers. That also reminds me. Also show him the backlog that INS goes through and how long will it take to process your case. meaning waiting period for some documents are longer than others. They have posting all over ins websites indicating when they are starting to process a case. Do you know we can check case status on the internet as well?
                    2)If your employer wants to help he could write you a letter (make sure to make copies) that would be addressing INS that you need your work permit card. Yes. Totally he can help that way. Something with company letterhead stating that he would like that INS expedited the process so you can work with him. (but that could be risky because you said that you have been working under a friends social security number. So maybe that is not advisable.
                    3) The sure choice would be to contact your local congressmen by writing them a letter requesting status on your case. They would get back to you within a month. Tell your congressmen part of your story and how its important that you get your work permit card. And whatever else you need. Right now you need your work permit for sure.

                    Finally your boss needs to have a better understanding what you are going through. Just by telling that you have been waiting for a long time will only create more tension between you two. Come up with proof like I said. Since this is a good job, its important that both of you have a good understanding. Obviously, he values you as an employee and you make good money too.

                    Comment


                    • #11
                      By the way, if you have been married for the last years and it has been two years for sure or more you might be eligible for the 10 year green card. I am not sure if your lawyer told you this. If the marriage is less than two years you have conditional residency which means that in one year you have to apply for the permanent residency. Right now you are over 2 years or almost over 2 years. That is a good sign. Of course there are things that come to play in your situation the fact that you came here legally. Stay married and love your wife.

                      Comment


                      • #12
                        i meant came to the U.S. illegaly plays a different role.

                        Comment


                        • #13
                          Hi. I wouldn't necessarily give up on the idea of a waiver so quickly. It is really hard to be away from your spouse for the time, but when you come back you are able to do everything completely legally... you can study, get student loans, get any job you want, drive without fear of being caught and deported (which by the way, deportation is a separate waiver), you can visit your family freely and help them to visit you. I think this type of freedom is good for any marriage.

                          I know there are a lot of reasons to stay... but why not make a couple calls to the consulate in your country of origin to see what the general waiting times are, and to see what the approval rate is.

                          Also, examine some of the reasons for extreme hardship. If you can make a good enough case it might be worth the wait... and of course, if it looks probable, it woudl also provide your spouse with an opportunity to get to know your country (also helpful in understanding any marriage) through visits etc.

                          I am currently going through the I-601 process and it is truly a nightmare and a half... but I have gotten to know my husbands family and I live every day with the knowledge that within a couple years our lives are very likely to be normal. And as of now... it shouldn't even be that far off... so, maybe I am too positive, but I really think that there have been positives to this experience as well.

                          I am not telling you to definitely leave the US, but weigh your options, examine it in detail... in my opinion at least it is definitely a viable option.

                          Either way, I wish you the very best of luck!

                          Comment


                          • #14
                            Don't any of you guys actually read the immigration laws???

                            He came illegally. So right off the bat, he can't adjust. So there's no "processing" that has to be done. Only processing that will be done is when he arrives for the interview, and handcuffed and they start the removal proceedings paperwork (fingerprint, etc.).

                            Secondly -- your employer IS breaking the law. The I-9 employer handbook specifies exactly what he needs from you in order for you to work for him. There's no "if alien is saying the papers are in the works with the INS, you can hire him" explanation. If you don't have a GC, or Visa or EAD -- you can't work.

                            You came illegaly. So in a nutshell, don't expect the system to work in your favor now. It's designed like that to DISCOURAGE others from coming here illegally to. Please understand that.

                            -= nav =-

                            Comment


                            • #15
                              First of all i am really greatful for wish and spouse for their opinions and the time they spend wrote me all that suggestion as well as ongoing options thank u again i can just pray for you guys and god bless you!
                              now mr moondin thanks for your opinion too and i can see you are very straightforward which is a healthy sign, any way i am deeply in touch with my lawyer and i am working on options and if they extend 245(i) i donot have to do any thing i will be able to adjust my status here and if not i still have the options by the way who told u that when u go for interview they handcuffed you it's not because i know lot of individuals personally same situation like me they went for interview and almost all of them are in process now and mostly illegally entered in the usa only one of them got the deportation order and he appeal against it and on the basis of extreme hardship since his wife can't live with him they proved it and he is free man now i guess for now these information will be enough for u to understand the concept and by the way i am researching my self alot and i know my options now.
                              thanks any way.
                              Regard's
                              Shan

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