Desperate - i-601 for dvlottery beneficiary

[desire 0]

Hello all, new on site. I'm really stressed out, I hadly slept all night, hubby just travelled yesterday to the US on immigrant visa after winning dv2009 lottery. I have been found ineligible but eligible for waiver hence given the form i-601 for misrepresentation. I had a baby in the US in 2003 on a tourist visa and used medicaid, when I tried to renew my US visa in 2005, I did not include my baby on the application form (hence misrepresentation) but my form was sent in by post, I was called in for an interview and asked if I had a baby in the US, I immediately confessed that I had had a baby and the consular officer said to me that I was lucky to have told the truth at that point beacuse if I hadn't told the truth, I would have been barred from entering the US.(from researching the internet, I realise a timely retraction was acheived at that point) He told me to go pay my medicaid bills and return to the consulate and that I would be granted a visa. I went off and paid the medicaid bill, I returned to the consulate afterwards and still was denied a visa, this time I was told that I was not barred but there was an embargo on issuing visas to pregnant women (I was pregnant at the time). I didn't bother to go back to the consulate again until my husband, married for 10years won the lottery and was invited for interview that was when I was told I was not eligible until a waiver was approved. I still have my passport at the consulate, I have been told to come pick it up and apply for the waiver. I am so stressed out, I am really sorry for the offence, I thought confessing the truth and paying back the medicaid would have been enough that I made a mistake and I am truly sorry... My question is how now does my husband do a hardship letter when he has only just arrived in the US, no medical condition, no ties in the US, my children were all given immigrate visas but it would be impossible for him to manage them alone in the US (I know that is not enough hardship) and time is of an essense because dv visas are issued only up till sept.30 of the qualifying year. Please help me somebody! I am desperate. I made a mistake, I am truly sorry, I may not be able to afford a lawyer at this time, I really need help

[SunDrop 59]

Hello all, new on site. I'm really stressed out, I hadly slept all night, hubby just travelled yesterday to the US on immigrant visa after winning dv2009 lottery. I have been found ineligible but eligible for waiver hence given the form i-601 for misrepresentation. I had a baby in the US in 2003 on a tourist visa and used medicaid, when I tried to renew my US visa in 2005, I did not include my baby on the application form (hence misrepresentation) but my form was sent in by post, I was called in for an interview and asked if I had a baby in the US, I immediately confessed that I had had a baby and the consular officer said to me that I was lucky to have told the truth at that point beacuse if I hadn't told the truth, I would have been barred from entering the US.(from researching the internet, I realise a timely retraction was acheived at that point) He told me to go pay my medicaid bills and return to the consulate and that I would be granted a visa. I went off and paid the medicaid bill, I returned to the consulate afterwards and still was denied a visa, this time I was told that I was not barred but there was an embargo on issuing visas to pregnant women (I was pregnant at the time). I didn't bother to go back to the consulate again until my husband, married for 10years won the lottery and was invited for interview that was when I was told I was not eligible until a waiver was approved. I still have my passport at the consulate, I have been told to come pick it up and apply for the waiver. I am so stressed out, I am really sorry for the offence, I thought confessing the truth and paying back the medicaid would have been enough that I made a mistake and I am truly sorry... My question is how now does my husband do a hardship letter when he has only just arrived in the US, no medical condition, no ties in the US, my children were all given immigrate visas but it would be impossible for him to manage them alone in the US (I know that is not enough hardship) and time is of an essense because dv visas are issued only up till sept.30 of the qualifying year. Please help me somebody! I am desperate. I made a mistake, I am truly sorry, I may not be able to afford a lawyer at this time, I really need help

Were your children issued visas or green cards? If visas, what kind? I'm not familiar enough with waivers to advise you but wondering whether you need to find a way for your children to benefit from their approved status now, in order to avoid problems further down the line.

[desire 0]

Hello all, new on site. I'm really stressed out, I hadly slept all night, hubby just travelled yesterday to the US on immigrant visa after winning dv2009 lottery. I have been found ineligible but eligible for waiver hence given the form i-601 for misrepresentation. I had a baby in the US in 2003 on a tourist visa and used medicaid, when I tried to renew my US visa in 2005, I did not include my baby on the application form (hence misrepresentation) but my form was sent in by post, I was called in for an interview and asked if I had a baby in the US, I immediately confessed that I had had a baby and the consular officer said to me that I was lucky to have told the truth at that point beacuse if I hadn't told the truth, I would have been barred from entering the US.(from researching the internet, I realise a timely retraction was acheived at that point) He told me to go pay my medicaid bills and return to the consulate and that I would be granted a visa. I went off and paid the medicaid bill, I returned to the consulate afterwards and still was denied a visa, this time I was told that I was not barred but there was an embargo on issuing visas to pregnant women (I was pregnant at the time). I didn't bother to go back to the consulate again until my husband, married for 10years won the lottery and was invited for interview that was when I was told I was not eligible until a waiver was approved. I still have my passport at the consulate, I have been told to come pick it up and apply for the waiver. I am so stressed out, I am really sorry for the offence, I thought confessing the truth and paying back the medicaid would have been enough that I made a mistake and I am truly sorry... My question is how now does my husband do a hardship letter when he has only just arrived in the US, no medical condition, no ties in the US, my children were all given immigrate visas but it would be impossible for him to manage them alone in the US (I know that is not enough hardship) and time is of an essense because dv visas are issued only up till sept.30 of the qualifying year. Please help me somebody! I am desperate. I made a mistake, I am truly sorry, I may not be able to afford a lawyer at this time, I really need help

Were your children issued visas or green cards? If visas, what kind? I'm not familiar enough with waivers to advise you but wondering whether you need to find a way for your children to benefit from their approved status now, in order to avoid problems further down the line.

Thanks for the interest shown Sundrop. My children were given immigrant visas. Apparently, at the point of entry with my husband (at some point within 6 months from when the immigrant visa was issued) our children will be issued green cards. I know they would have to enter the US within this timeframe, I also know that my husband will not be able to manage all 3 of them alone, it will also be a financial burden to have them enter the US and come out again just to satisfy the immigration laws. Lord knows I am going crazy at this moment

[Boiler 45,559]

You are going to need serious legal advice.

Try www.immigrate2us.net and their recommended lawyers.

Your husband is eligible to file a waiver once he is a US PR, basically as soon as he enters the US.

Quite how he would be able to formulate a waiver in this case, well I have no idea.

[NigeriaorBust 4,087]

Immigrate2us is a good site for samples of waivers . Your husband will have a good case as the children are approved and he will be unable to provide care for them and earn money to provide without you there with him. I am not sure how long the process is through Lagos. I know there were many denials of DV winners the day I was waiting outside during our k1 process.

good luck

[emt103c 10]

This case is going to be VERY DIFFICULT you need an attorney ASAP. It is very hard to prove extreme hardship for new immigrants, though the waiver is available it is tough to get in your situation.

[Boiler 45,559]

Immigrate2us is a good site for samples of waivers . Your husband will have a good case as the children are approved and he will be unable to provide care for them and earn money to provide without you there with him. I am not sure how long the process is through Lagos. I know there were many denials of DV winners the day I was waiting outside during our k1 process.

good luck

The children are in Nigeria, and free domestic help is not a hardship.

[desire 0]

Immigrate2us is a good site for samples of waivers . Your husband will have a good case as the children are approved and he will be unable to provide care for them and earn money to provide without you there with him. I am not sure how long the process is through Lagos. I know there were many denials of DV winners the day I was waiting outside during our k1 process.

good luck

The children are in Nigeria, and free domestic help is not a hardship.

Thank you all a great deal for your interest. I have realized I would need a lawyer. Would it be possible for my husband to file in the US? If yes, whats the timeline like? I'm of the opinion that I'd have to file through Lagos with a hardship letter written by my husband. I would be looking at about 6months, I was told at the consulate in Lagos.

[Boiler 45,559]

Consulates tend to underestimate waiver time lines.

But first you would need a lawyer, and it is not an off the shelf case, the good ones might not take a case if the odds are so low.