HELP! Interview denied. Need a waiver

[Omark 3]

Hi. My interview was denied due to previous overstay. The officer told me dat i may apply for a waiver. He gave me a white slip containing 212(a)(9)(B)(i)(II). My question is do i still need to apply for I-601 waiver?(extreme hardship) or only the 212 waiver?

You're the second person in the past few days to get a 212(a) denial, and also the second person who seems to think, for some reason, that the I-601 is an extreme hardship waiver. What are they writing in those denial letters?

Ok, the I-601 is an application for a waiver on Ground of Inadmissibility. They determined you were not admissible to the US. Here is the text of the law under 212(a)(9)(B )(i)(ii):

has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

You were apparently denied because you stayed in the US illegally, and you received a 10 year ban as a result. Your fiance or spouse (don't know if you're married) needs to apply for a waiver to lift this ban.

that is what the waiver is for:

An Application for Waiver of Grounds of Inadmissibility is filed by an alien in the event that an alien has been denied admission to the United States. Different sections of INA § 212 allow for the application of a waiver of inadmissibility. Waivers must establish that a qualifying relative will suffer “extreme hardship” if the alien is not admitted. So who is the qualifying relative? It depends on the ground of inadmissibility. A waiver for prior unlawful presence (INA 212(a)(9)(B )(v)) or misrepresentation (INA 212(i)) requires it to be established that “the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien,” whereas a waiver for criminal history (INA 212(h)) requires it to be established “that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien.”

OP: i'm sorry, i know how bad this hurts! You will need to consult an attorney.

Yes you r rite summer i know a person who got deported and he had to file 212.I also have K-1 interview soon.I was in the US as well on F-1,also i have a D/S on my I-94.So i dont know if i will have to file for a waiver.Hope not........so lets see .

[emt103c 10]

Someone who has D/S in their passport only incurs oversatay time (and derivatively a ban) if declared out of status by an immigration judge or other official. After that happens there is 180 days before the ban is incurred. If this never happened, you won't need the waiver.

[summersurf 10]

Hi again,

YOU need to file for the Waiver because You are the one who were overstayed. Its like your apology paper, thats what i called mine:)

And YOUR HUSBAND, all he needs to do is write or prove the EXTREME HARDSHIP, do not do it too wordy, get to the points, my husband's Extreme Hardship wasnt even one page. All he wrote in there was that his parents still need him in the states, his father got some health problem so that was his reason. When your husband write the reasons why, then he also MUST provide the proofs of the reasons. My father in law was also wrote a personal statement, and had all his medical history ready for me from his doctor. If possible, have your husband's parents or family member to write a personal statement too, they helped ALOT!!! And YOU need to write your personal statement, thats the important one, be VERY SPECIFIC, tell them why you were overstayed, what were you doing when you were here, were you working or not, be very HONEST okay? at the end of your statement, apologize and let them know that it was a terrible mistake you did and that you cannot live apart from your husband, its like pouring your heart out, they will understand. My statement was almost 6 pages.

Oh you DO NOT need to start all over again for the I-130 etc, after they approved your WAiver then they will issue your Visa.

Do not worry too much alright? it'll be fine, stress too much over this won't help at all, please keep this in your prayers though, because if God allows it to be approved then it WILL, ok?

Go to USCIS.gov. They tell you everything in there. Click on forms...you will see list of the forms, find I-601 in the list, click on it and read through carefully until you understand completely.

Good luck sweetheart.

[summersurf 10]

Oh one thing, you dont need a lawyer for this, me and my husband did it ourselves WITHOUT a lawyer. You will just spending even more money if you hired a lawyer and i dont think they will do anything with it. Save the money for the Waiver fee, it isnt cheap, ok?

[kcm 0]

Hi again,

YOU need to file for the Waiver because You are the one who were overstayed. Its like your apology paper, thats what i called mine:)

And YOUR HUSBAND, all he needs to do is write or prove the EXTREME HARDSHIP, do not do it too wordy, get to the points, my husband's Extreme Hardship wasnt even one page. All he wrote in there was that his parents still need him in the states, his father got some health problem so that was his reason. When your husband write the reasons why, then he also MUST provide the proofs of the reasons. My father in law was also wrote a personal statement, and had all his medical history ready for me from his doctor. If possible, have your husband's parents or family member to write a personal statement too, they helped ALOT!!! And YOU need to write your personal statement, thats the important one, be VERY SPECIFIC, tell them why you were overstayed, what were you doing when you were here, were you working or not, be very HONEST okay? at the end of your statement, apologize and let them know that it was a terrible mistake you did and that you cannot live apart from your husband, its like pouring your heart out, they will understand. My statement was almost 6 pages.

Oh you DO NOT need to start all over again for the I-130 etc, after they approved your WAiver then they will issue your Visa.

Do not worry too much alright? it'll be fine, stress too much over this won't help at all, please keep this in your prayers though, because if God allows it to be approved then it WILL, ok?

Go to USCIS.gov. They tell you everything in there. Click on forms...you will see list of the forms, find I-601 in the list, click on it and read through carefully until you understand completely.

Good luck sweetheart.

thank you so much for sharing this info... you r so kind tnx alot.

[summersurf 10]

you're very welcome, i'm happy to share this with you, i hope it helps.