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Thread: waivers waivers waivers

  1. #1
    I have a friend that is filing K-3 and he and his wife need advice. She is the USC and he was an overstay in US. They have been married five years and he was given a deportation letter and took voluntary departure. He is now in Canada (not a Canadian citizen) and they are preparing to file the I-129f, etc. The I-130 has been filed. He is trying to come up with a plan of action. Of course he has many questions. I've tried to direct them to informational sites and posts but my knowledge is very limited so we'd appreciate advice from people here that know or are going through it yourselves. The attorney they've been talking to is wanting them to sign a contract for a LOT of money so they're also trying to decide whether to go it alone or contract with the attorney. Apparently they need to have a 601 waiver prepared for when he is interviewed or does it need to be submitted ahead of time? Hopefully he'll be admitted to US and then they'll need to file a 212d(e) waiver with AOS? They don't have children and I think the waivor process is going to be difficult but we've learned a lot from reading the "bluepug" thread. I'm thinking the attorney is considering the time that would have to be spent on appeal, etc. and that has figured into the cost he has quoted. This is uncharted territory for them (and me) so we all need to do a lot more reading but advice and hearing other's experiences would be greatly appreciated.

  2. #2
    I have a friend that is filing K-3 and he and his wife need advice. She is the USC and he was an overstay in US. They have been married five years and he was given a deportation letter and took voluntary departure. He is now in Canada (not a Canadian citizen) and they are preparing to file the I-129f, etc. The I-130 has been filed. He is trying to come up with a plan of action. Of course he has many questions. I've tried to direct them to informational sites and posts but my knowledge is very limited so we'd appreciate advice from people here that know or are going through it yourselves. The attorney they've been talking to is wanting them to sign a contract for a LOT of money so they're also trying to decide whether to go it alone or contract with the attorney. Apparently they need to have a 601 waiver prepared for when he is interviewed or does it need to be submitted ahead of time? Hopefully he'll be admitted to US and then they'll need to file a 212d(e) waiver with AOS? They don't have children and I think the waivor process is going to be difficult but we've learned a lot from reading the "bluepug" thread. I'm thinking the attorney is considering the time that would have to be spent on appeal, etc. and that has figured into the cost he has quoted. This is uncharted territory for them (and me) so we all need to do a lot more reading but advice and hearing other's experiences would be greatly appreciated.

  3. #3
    Hi,
    Before you hire an attorney, you should talk to a few of them. Not many attorneys have a lot of experience with the I601. Also, there is a LOT of info on this site about the waivers. Check also a site called britishexpats there is also more info.
    As for the I601, it can only be filed after it has been requested, which will happen at the time of the interview. If they have not filed the I129f, they should have more than a few months to work on the waivers. As for the I212, i think that that one can be filed ahead. Also, they are fairly similar so I would advice them to concentrate on the I601 and then use the same info for the I212.
    Also, they can read cases from the BIA that relate to extreme hardship.
    Good luck and God Bless you.

  4. #4
    Thanks Lost :-) The attorney they are thinking of contracting with wants to contract to do all of the paperwork, not just the waivor but the K-3 paperwork looks as if they could do it on their own. Is that normal?? Are there any attorneys (hopefully in NY or Toronto areas) that anyone has had personal experience with doing waivers and would recommend?

  5. #5
    Any more advice or ideas? Is it really worth paying an attorney thousands of dollars (especially if getting that much money is going to be very difficult) to file K-3 and I-601 waiver? Can an attorney make that much of a difference?

  6. #6
    Well, a lot of that is a judgment call. A lawyer knows more about the law than the average person, therefore the average person has to do a lot of research, etc. in order to hit on everything that a lawyer had.

    We filed our waiver pro se... my parents did most of it. I honestly think that they did a better job than a lawyer would have or could have done. But at the end of their work, when I asked them if they thought the work was worth 10,000. They said that they wouldn't do another waiver, even for 10,000, it was too much work. But if you stay with the lawyer, stay actively involved and make sure that the lawyer knows what s/he is doing and does it the way you want it.

    oh... for ours we also, put ours together, and then ran it by a lawyer... paying her the hourly fee only

  7. #7
    Member
    Join Date
    Oct 2003
    Location
    East Hampton [Long Island], New York [USA]
    Posts
    304
    Still Learning:

    Yes, it's true that an attorney can definately make a difference in a case, but then again, it will all depend on how aggressive, knowlegable, experienced, and devotional the attorney is. Not every attorney has those qualities. Instead, 95% of attorneys are money-digger only. They don't care even a little bit what would happen to someone if someone's case would deny, instead all they ever care about is their fees. Before retaining them, they will pretend to be very aggressive, devotional and caring towards someone's case, but once you hire them, you won't see or hear from them the same way as they presented themselves to you in the beginning. Therefore, it is very important that you need to ask someone if they know or dealt with any good attorneys with same qualities or try to find yourself thru having free consultation with them. Why free consultation? Because, you can not pay each and every one for consultation only, just to find how good they are in their modus-operandi.

    This attorney, who is asking your friends to make a contract for "WHOLE" paper work, and asking huge amount of money for that, then I would say- your friends should run away from this attorney because this attorney is just wanted to make money out of them, and s/he is just tricking your friends to get money in the name of taking care of whole case. This is a old trick that is played by attorneys all the times in order to get the huge money out of vulnerable people. And, your friend's case gets more vulnerable since this attorney knows that immigrants usually pay whatever amount for the sake of their legal status. Your friends are not required to hire an attorney to do "whole" paper work, instead they can still hire an attorney for only partial work. Like some people need attorney only for interview and they file whole paper work by themselves. If any attorney says the same what this attorney is saying then it should be very clear that you are being tricked out. Now ,the choices are upon your friends. If I were in their shoes, I will forget about this lawyer and find another one, or would do most of the paper work myself. There is no doubt that attorneys would be asking couples of thousand dollars in this kind of situation especially when a waiver is involved.

    I know experience and knowledge do count, but if someone has no money to hire an attorney, then what they will do. Even if someone hires an attorney, it is very important that they should always get second opinion and get acquanited more and more information for their case. If your friends need more information on waivers [either I-601 or I-212], then I believe they could still get tons of information from this board, since there are some people [like-Spouse], who were able to succeed on waivers. And, what is more helpful is- they do have tons of information because they went thru all the research when they were planning to file waivers, so I believe they would be very helpful in your friends' case even if your friends would hire an attorney for their case. These people can also provide the sources for other important sites or other stuffs in order to get more information on these waivers. You should know that MOSTLY attorneys will never advise you how you can increase your chances to get succeed in a case, instead they will work with the information only that you will provide to them. So, it's very important that when you go to any attorney, you should be fully prepared and well acquainted with all the relevant information that would benefitted to your case. Attorney would be able to help you most if you provide them as much as information. People mistakenly believe that once they hire the attorney, then it's attorney's job to take care the matter. It's technically correct, but the question is- Do attorneys take care everything efficiently?

    As you know, I-601 and I-212 are similar, but each one is used to overcome for different ground of ineligibility. And, you should also know that a waiver can not be filed first, unless it is asked. Usually, the case has to be denied first and then they will send your friends a denial letter that why the case is denied and how to overcome the denial. Only then, a waiver is filed usually. So, even I-212 can not be filed with AOS. Now, your friends need to file all the paper work first, either K-3 or Consulor processing for immigrant visa. I would file consulor processing, instead of K-3. Then, they should get ready to be prepared to file waiver. They would have enough time to find right attorney and they would also have the enough time to research and get all the information that are required to be succeed on waivers. This way, when the time will come to file waiver, they would be fully prepared and acquainted with all the facts and information that are needed to be succeed. I know that it would be hard for them to get waiver because they don't have any child together, but there is still some creative ways to lay out on waiver, but those need to be created ahead of time, instead later on at the time of filing waiver only.

    As far as your friends' case goes, then there are still some unanswered questions- like why your male-friend [alien] got deportation letter? Whether or not I-130 was filed before your male-friend received deportation? When their marriage took place, I meant-before receiving deportation letter or after? My basic instict is telling me that your male-friend probably went to special registeration and he received Notice to Appear because of his illegal status here. If their I-130 would have approved before his departure, then he could have adjusted his status thru immigration judge. Well, now it doesn't matter anyhow. Your male-friend's immigration status is also important in Canada, because if he is out of status in Canada, then US Consulate won't have any jurisdiction on him in order to process his paper. Then, he would need to go to his country in order to start any kind of paper work. People can not ask US govt to process their paper wherever they want to, instead they need to be citizen of that country or should have legal status to a place where paper would be placed, except in certain exceptions.

    Your friends should not try to hire any immigration attorney in Canada even if there are many attorneys, who practice US Immigration laws. They should hire an attorney over here. Anyhow, the attorney needs to deal with BIA and Federal courts here if any need would arise in the future, instead of Canada. I could provide you later on the names of some very good attorneys in NY, but then your friends would need to check them directly to find their fees and other things.

    You are a very kind person, who cares about everyone. Maybe, one day, you could keep me in your prayer too, so that I can be cared also.

  8. #8
    Sammy, thanks for your time and detailed response. They (and I) really appreciate it. I'll get more details and post back if it will make a difference.

  9. #9
    Here's the beginning of his story:

    Hubby came to US in '91 on a visitor's visa. He stayed after it expired. He worked, filed taxes, etc. Filed for political asylum in '94. It was denied and he was sent deportation letter in '95. In '97 he married a green card holder. In 2000 she became a citizen and they filed the I-130 under 245i. When it came time for the interview the attorney told him not to go, that he might be detained. He received another deportation letter. At that time he left and went to Canada and notified BCIS that he was no longer living in the US. He is applying for refugee status there. He is originally from India but has always lived in Saudi Arabia before coming to US.

    So, he has a number of concerns about exactly what he needs to do to come back to his wife. He's concerned about deportation letter from '95 on up until now.

    Also, Sammy, what you said about being in legal status in Canada in order for them to process paperwork. Is he considered to be in status since he has applied for refugee status? If he is denied and appeals is he considered to be in status then? Any constructive advice would be appreciated.

  10. #10
    "country shoppers". gotta love 'em. get deported from one country -- move to the next.

    -= nav =-

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