I-601 question for Mohan

[kiwi22]

Hi Mohan-
I think you answered this in an earlier post to Samie, but does the AOS get filed before the I-601? Also, any idea of the success rate of I-601s filed? I am a USC married to someone who overstayed a visa waiver. He has 2 seperate convictions in new zealand for burglary, they were petty stuff when he was 19(9 years ago), and his sentence for both was probation. He also has 2 dwi convictions in the US in the 6 years he's been here though. What's your opinion on our chances of getting a waiver? We have no children so a hardship defense becomes difficult.

[kiwi22]

Hi Mohan-
I think you answered this in an earlier post to Samie, but does the AOS get filed before the I-601? Also, any idea of the success rate of I-601s filed? I am a USC married to someone who overstayed a visa waiver. He has 2 seperate convictions in new zealand for burglary, they were petty stuff when he was 19(9 years ago), and his sentence for both was probation. He also has 2 dwi convictions in the US in the 6 years he's been here though. What's your opinion on our chances of getting a waiver? We have no children so a hardship defense becomes difficult.

[God]

I'm sorry to tell you that I don't thin(g) your spouse would qualify for a waiver of inadmissiabiltiy - that's what the I-601 is right?
BUT remeber; this is just my opinion - not a prediction of your outcome!!
two dui's pretty much make a person a habitual drunkard (an old term for alcoholic) for BCIS unless he can prove absolutly that he's recovered now (that by itself is an inadmissiability issue; look how far the president's come though!
:-)

the two burglary convictions, they are, aren't they? well, what may be petty over "there" (where is it anyway?) is pretty much not petty at all over here. They'll be issues for his moral turpitude... oh boy, that's a whole bunch of things he's to overcome just by themselves before he can even remotly consider to be considered for I-601. Gud luck lads!