To waiver or not to waiver...

[Json 2]

My husband overstayed for less than a year then for years he went through administrative processing well the end result was he was ordered removed by a judge but agreed to voluntary depart, which he did. That was in Oct. of 2013. In the mean while I reapplied for him and underwent my interview all which was approved. He recently received notice that his interview date would be April 11 of this year.

The officer who interviewed me said Frlix probably wouldn't need the waivers as his Barr would be almost up. Our attorney says differently. Doing my own research I was inclined to agree with the officer but after learning of the interview date I got a little spook and thought what if the attorney is right! I recently went to a local USCIS office and spoke with another immigration officer to discuss whether or not my husband was under a 3 or 10 year bar. This immigration officer said the same thing as the first officer, he told me that my husband would not need a waiver if he stayed out of the US for 3 years as he is only barred for 3 years. Well the three years is up in October yet the interview is in April.

Which waiver do we need? Do we need a waiver at all? Should we ask the embassy to push he date back to October? Will the embassy reschedule for reasons like this? Is it possible that the officer will approve my husband 6 mos. before his bar expires? What the hell do we do?

Also if it's your belief that we need the waiver can/should my husband submit the waivers at the start or conclusion of the interview?

Finally, my daughter and I have been visiting my husband for the summers. I would obviously forfeit our summer plane tickets if it would help our case to go the interview with my husband in April. Don't want to do that if there's no chance of him being approved.

If I've left out any pertinent information please let me know. I just need some knowledgeable advice.

-so tired but I refuse to give up on my family.

[Jawaree 718]

The IO is correct in the sense if you wait until Oct then the ban would have expired

The attys are correct right now you need a waiver.....= Lone I 212 waiver (permit to renter)

to the jurisdiction the judge ordered/vd him from. Waivers can take 5-12 mths especially

Lone 212, there's also a cost

No they wont give him the visa 6 mths before his ban expires...He should go to the interview

& get it rescheduled to at least the last week of Sept....good luck

[newacct 688]

The IO is correct in the sense if you wait until Oct then the ban would have expired

The attys are correct right now you need a waiver.....= Lone I 212 waiver (permit to renter)

to the jurisdiction the judge ordered/vd him from. Waivers can take 5-12 mths especially

Lone 212, there's also a cost

No they wont give him the visa 6 mths before his ban expires...He should go to the interview

& get it rescheduled to at least the last week of Sept....good luck

Why do you think he needs permission to reenter? That would only be if he has a 9A ban, i.e. he was removed. But he was granted voluntary departure. So he should not have a 9A ban.

[aleful 1,905]

hi

I agree, if he was granted voluntary departure then he shouldn't need the i212, but the i601 for overstay yes

and yes, the ban has to be over to get the visa, so he can reschedule so the ban is up by the time he has the interview or go through the waiver process

[newacct 688]

but the i601 for overstay yes

and yes, the ban has to be over to get the visa, so he can reschedule so the ban is up by the time he has the interview or go through the waiver process

Umm... if the ban is over then there is nothing to waive.

[Jawaree 718]

Oh yea my bad he VD...so reschedule & wait out the ban, also save money