WAIVER

hi,

i abondoned my LIFE/Lulac application because i left USA w/o advance parole. since i did not formaly withrew, will i be barred (3/10)? OR if i want to come back with TN visa, do i have to file WAIVER at the border?

thanks for your help!

Hi spouse, could you please tell us a little more about your particular situation.

I will really appreciate it.


Thank you,

J.

Hi. Here is a brief version of my story - my adorable, wonderful, and very amazing husband was a little naive when he was younger... but then again so was I. He overstayed his visa by a little over two years, and I decided that we should both leave the country to meet his parents before getting married, rather than getting married under 245i (which was in place at the time). For some stupid reason, we thought he would be able to come back in legally on his multiple entry tourist visa and then we would be able to talk to an immigration lawyer and figure out the best way to get married and live happily ever after.

Needless to say he was refused and removed from a port of entry.

We married a few months later in Ecuador, his native country. At that time (aaaahhh naivete again) we thought he would be back in the USA within a year. Well, let's just say that didn't happen. We had our I-130 approved relatively quickly (5 months) regardless of Sept 11, and expected to promptly file for the necessary waiver(s)...

but due to a lawyer that passed away suddenly in the middle of the year, leaving our stuff in complete disarray, we weren't even ready to submit anything until a year later.

Finally, in December we had the interview, and my husband had his fingerprints taken. In February the results came back and he was told to submit the I-601 and I-212 waivers. Which he has done, although they were only partially accepted. We are now attempting to work with a senator in order to make sure that we get a fair review.

I am a graduate student and have been living 4,000 miles away from my darling husband for the last 2 years and I am not quite sure what I am going to do with myself for the next year or so.

Needless to say, through this entire process mass confusion has reigned as even the INS doesn't (didn't?) appear to know what it was doing.... aaaaaahhhh but those are other stories!

I hope this clarifies things a little better... if you have any other questions I would be happy to try to help!

In many circumstances you may be able to get a waiver of inadmissibility. By obtaining a waiver, you don't eliminate or disprove the ground of inadmissibility. Instead you ask INS to overlook the problem and give you a green card or visa anyway.

You may not apply for a waiver of inadmissibility until the consulate or INS office makes a judgment that you are in fact inadmissible. There is no way of knowing at what point after you have filed your green card application the government will reach that decision.

All green card and visa application forms ask questions designed to find out if any grounds of inadmissibility apply in your case. When the answers to the questions on these forms clearly show that you are inadmissible, you may be authorized to begin applying for a waiver immediately on filing your application. You will be notified by mail if you are so authorized. In most cases, however, the consulate/INS office insists on having your final visa interview before ruling that you are inadmissible. If the INS office/consulate handling your case decides to wait until your final interview before finding you inadmissible, it will delay your ability to file for a waiver. This may in turn greatly delay your getting a green card or visa. Waivers can take many months to process.

Once it is determined that a waiver is necessary, you will be given Form I-601 to complete and file with the filing fee. Note that if you file this with a U.S. consulate abroad, you will have to wait for the consulate to send your application to an INS office; the consulate cannot approve the waiver.

Once again, there are many technical factors that control whether or not a waiver of inadmissibility is granted. If you want to get one approved, you stand the best chance of success by hiring a good immigration lawyer.

Here's another thread related to waiver, spouse.

Where?