do i need a waiver? which one??

[shim 0]

Hi everyone,

I’m going to have my interview in just under a month – Oct. 27th!! I’m very worried.

This is my story:

My parents went to America when I was 4 years old and just overstayed. I left the US on my own accord in 2001, just after turning 20. My parents applied for their change of status after I left and are now permanent residents waiting for their citizenship. My brother, born in the US, is a citizen.

I’m an Indian citizen and not having many options, I came to Syria. Here, I met my husband four years ago, an American citizen. We got married here, in Syria and filed the I-180. Soon after filing, my husband got deported for reasons still unknown to us (he had a slight delay in reapplying for his visa, but that is usually overlooked here). Anyway, as it stands, he can’t come back to Syria and I can’t go to America – we’re stuck!

This is what I need to know:

1-Did I accrue unlawful presence in the US – since I was there more than a year after turning 18 without documentation? I didn’t sneak into the US, I wasn’t ordered by an Immigration judge to leave and I didn’t have an I-94 for it to expire.

2-If I did have unlawful presence for more than a year, would I definitely be barred for 10 years? i.e. At the interview would the consular definitely reject my visa request and impose the 10 year bar?

3-If the bar is imposed on me, what waivers do I need? I tried reading up on it – but I can’t seem to understand which one would pertain to me.

4-Would I hand in the waiver(s) (with the fees) at the interview?

5-How long would it take to process the waiver? A lawyer told my husband it’s very hard to get the waiver and it would take maybe up to 2 years to process! By that time - 2011 - I would have already been done with the bar.

6 – The fact that my immediate family is in the States – would that make the consular suspect that the marriage is just for a greencard. We have plenty of pictures/emails/stubs/stamps in passports, etc…but I’m just wondering if it would be an issue? Is it possible that it could be in my favor that my immediate family is also missing me all this time that I haven’t been back?

I’d really appreciate any advice and feedback I can get. Thanks!

[spookyturtle 9,466]

Your unlawful presence began to accumulate when you turned 18. I haven't paid close attention for the past year or so as to how strict the enforcement has been for an overstay when one entered legally as a minor. My guess would be that you will need the waiver. It would be the I-601 waiver. Check our immigrate2us.net. It is the best source for waiver information and there is enough there to read to keep you busy for weeks. Waiver proccessing times vary place to place. And you may very well be done with the bar before you complete the waiver process. Look into it carefully before you spend a lot of money with a lawyer. There are a few good lawyers that you could consult with. If you need a few, let us know.

Some consulates allow you to submit the waiver at the visa interview, others do not. You need to research the practices of the conuslate you are dealing with.

[emt103c 10]

Ditto, you need the I-601, no doubt about it. I am not sure how long adjudication is taking in Syria right now, but it is never quick. Do check out I2us for waiver information and definitely contact one of their recommended attorneys (you can do it by email or phone) for a consult. It is a complicated process and you may need help. You have to prove that it would cause your USC husband "Extreme Hardship" if you are unable to move to the US with him.

[shim 0]

Thank you all for your responses. I'll keep in touch if I need anymore advice.

Thanks!