Opinions on possibility of denial?

[Harmonia 211]

Thank you for the responses everyone.

In the back of my mind I think I always knew the I-601 would be a requirement, but I just didn't want to believe it. I'm going to begin preparing the I-601 package in the next few days, and just hope for the best during the interview.

She'll go to the interview and get denied. She will then get a sheet of paper saying she's eligible to file a waiver. You file the waiver with the centralized USCIS lockbox in the US, which adjudicates all waivers regardless of country.

The waiver consists of a brief (if you're working with an attorney) and evidence backing up your arguments, or a "hardship letter" (if you're doing it pro se without an attorney) and evidence.

Folks post their letters for review and advice on immigrate2us.net, so my recommendation is to check out previous letters on there.

Expect 6 months for waiver approval. Once its approved, she will have to do a 2nd medical exam and a 2nd visa interview appointment to get her visa and return to the US.

Edited January 7, 2016 by Harmonia

[LoveInBrazil1109 0]

Again, thank you for all of the replies everyone!

I guess I should have phrased my original post a little differently, to properly explain our situation.

My wife entered the country illegally, her now ex-husband paid someone to transport her across the border from Mexico. He had convinced her that since both of her parents had died, that she would not be able to receive a visa, and that the only way that they could be together was for her to enter the US in this way. She was 17 at the time, and now realizes the mistake that she made. After entering, she was here for approximately 7 years.

Maybe I have been researching this incorrectly? Does entering illegally have different ramifications than overstaying a visa?

Edited January 7, 2016 by LoveInBrazil1109

[Transborderwife 4,666]

Yes. She cannot adjust in country. Is she eligible for daca?

Edited January 7, 2016 by Transborderwife

[Harmonia 211]

Yes. She cannot adjust in country. Is she eligible for daca?

She's in Brazil.

To the OP- no, it doesn't matter that she EWI (entered without inspection). She needs to do the waiver. The 601 waiver is designed for people exactly in your wife's situation. Otherwise, her other option is to wait outside of the US for 10 years for the ban to be over.

Even though she is in Brazil, I strongly suggest you do at least 1 consult with a lawyer who has experience with waivers. You can do consults over the phone or Skype. Some lawyers will do it for free, while others charge a nominal fee ($150 or less). This is an important investment. Its clear you aren't familiar with the process, which is ok. But its your job to familiarize yourself with it because immigration is a very costly and long process, as you're learning. You want to make sure to tell all the facts of the case to a lawyer who'll help you understand if its just the unlawful presence or if there are any other things your wife needs to waive. A lawyer can evaluate the case and give you advice on how to proceed.

Get all the info from your wife. Was she married when she EWI? Where did she EWI and how? What was her ex's status, if any? Did she make multiple attempts or "throwbacks" (immigration catches you and throws you back to Mexico)? Did she ever have any interaction with law enforcement in the US? Did she use a completely made up SSN or someone else's? Did she use any other fake names? These are some of the questions to be prepared for.

I strongly suggest you do at least 1 consult with an attorney before she attends her visa interview. Any information she gives at the interview will be permanent record. If she gets confused or doesn't understand, and gives the wrong answer, it doesn't matter. She needs to make sure she has her story straight before the interview, and that involves understanding the bigger picture.

Edited January 7, 2016 by Harmonia

[Unshakable Faith 493]

While an over-stay is very doable with a strong package, if one research they'll find USCIS states complaints of regular depression does

not count, after all everyone is depressed away from their spouse, they can mention it in their statement but its no added points

even atty Laurel Scott have posted time & time again on her web site, claiming depression or going for a single psychological visit

or evaluation does not give merits to a package...The attys should know

Of course "just depression" won't get you approved but someone could come into extreme depression and/or anxiety in this process because not everyone handles things the same way. It could trigger something in their past that makes it rise to extreme. There's a million things to consider. I'm not arguing that it makes a more sound claimb if it's an already known condition, I'm arguing your use of the word "must". Must=a requirement. It doesn't meet those merits of a requirement, it's just a suggestion that should be taken into consideration. Edited January 7, 2016 by FN&KO

[Boiler 45,907]

Depression/Anxiety is an extremely weal argument, there are much better ones.

[Transborderwife 4,666]

Depression/Anxiety is an extremely weal argument, there are much better ones.

Agreed

[Unshakable Faith 493]

Agreed

Agreed as well. I've seen a lot of those claims in waiver packets so I don't believe it holds much weight unless it's an extreme diagnosis and/or symptoms. No one is overly happy about separation from a significant other.

Edited January 8, 2016 by FN&KO

[TBoneTX 45,850]

Three posts have been removed from this thread. Please stick to the OP's topic.

TBoneTX

VJ Moderation

[aaron2020 11,651]

Honestly?

You both are in a better situation than mine which is almost the same. The difference is that I never overstayed and I just need the I-212. Solo I-212 are horrible... No one knows what to do with that and during the interview, the interviewer can even suddenly decide that I´ll need an I-601...

At least you both know that it´s necessary already and I can say that do that I-601 with a good lawyer it will be the best thing to do. The average of success is 60% (I read some articles from some lawyers about it). Don´t give up and keep you both strong! Ah, and during the interview... Never lie, even that you know that you have to say something that is unlawfull.

Good luck for you guys! And I hope you both can be together soon!

Seriously? You think being refused entry into the US after you stayed legally for 9 months, went "home" for one month, and then was refused entry is worse than having a 10 years ban? You don't have a ban. You will get an immigration visa. These folks can not get an immigration visa. And you think your situation is worse?

[Boiler 45,907]

Big advanatge of a solo 212 is you do not need to wait until the visa is denied.

[LoveInBrazil1109 0]

Again thank you for the replies. My wife and I have begun preparing the I-601 documents in preparation of the denial, but we're still trying to stay positive about the situation.

A recent question has come up as we're planning and making travel arrangements for the interview next month, and I'm hoping maybe you all could provide some opinions as well.

We are wondering if there would be any benefit for the interview if we brought our 7 year old son, my stepson, with us. He and I are very close, and seeing the three of us together would leave no doubts that we are a family. So, I'm wondering if this has any potential to help our situation. Obviously, bringing him will add additional expenses since we have to travel from my wife's home city, by plane, to Rio for the interview. So, if it's not going to benefit us, it would probably be better for us to save the money to put towards the I-601 filing fee instead.

Anyone have any thoughts on this?

[Boiler 45,907]

Do you have an otherwise weak case?

[LoveInBrazil1109 0]

Do you have an otherwise weak case?

No, I don't believe so. The only issue, in my opinion, that would prevent my wife from receiving a visa is her previous unlawful presence.

[blondedoc 35]

Seriously? You think being refused entry into the US after you stayed legally for 9 months, went "home" for one month, and then was refused entry is worse than having a 10 years ban? You don't have a ban. You will get an immigration visa. These folks can not get an immigration visa. And you think your situation is worse?

Because you never had to deal with a solo I-212...

Look for answers for that and how many people have to deal with it.

This situation can take as much or more time and work as someone who has a bigger ban.

Please, inform yourself about that and after we can talk about.

At least USCIS know how to deal with I-601. I-212 are a mistery even for them.

I´m like in a black whole.