Making my Attorney Appointment

[JennChristo 1]

I've found an attorney to start our process. My husband and I met in February (he lives in the DR, I live in the US). I visited 3-4 more times with work, moved there for 3 months, and got married in October.

 

We're starting off with some red flags, he overstayed on an ESTA Visa before, and had a very small amount of legal trouble while here (not charged with anything). He also had cancer this year (remission now) but I heard that could be an issue.

 

I have 100+ pictures of he and I, him with my cousin, me with his family, etc.

 

Any other tips? 

 

I'm so worried it'll never get approved : /

[payxibka 10,045]

How long was the overstay?

 

I didn't think DR was an ESTA eligible country

Edited December 31, 2018 by payxibka

[JennChristo 1]

A year and 2 months 😫

[Boiler 44,855]

So a 10 year ban, what is his Nationality?

[JennChristo 1]

He has dual citizenship, both Dominican and Greek

[Just Paul 4,594]

I would think file the I-130 yourself and then after the interview they will tell you to get / file the waiver.  You can hire an attorney for that if you are feeling overwhelmed. 

 

The  I-130 is pretty straight forward.

[PaulTheSheik 20]

Wow that's tough. Good to know his cancer is in remission. That's a 10 year ban right out of the gate. Getting an attorney was the right move. He will probably suggest you file a waiver, unless you have some extenuating circumstances it will be a tough slog to get that approved. You must keep positive because nothing is impossible, but also be grounded with the realities.

 

The cancer could be used against him as a public charge disqualification because of high treatment costs but depending on the kind of cancer etc, your attorney could shoot that down with an explanation that the probability of recurrence is low. I hope your attorney is the kind who will be honest with you and not lead you on spending money when the prognosis for success is not looking good.

 

I am also considering doing the 3 month visit to DR starting in February to get more FaceTime. I just returned last week from a three week visit.

 

Best wishes and positive energy your way and remember you cannot win if you don't play. If it costs some money, so be it. It is only money after all.

Edited December 31, 2018 by PaulTheSheik

[Boiler 44,855]

27 minutes ago, JennChristo said:

He has dual citizenship, both Dominican and Greek

Ahh now I remember.

 

So about 15 months for what will be a IR1 and then another 12 months for the I 601.  The criminal aspect may add complications but it is the same waiver.

 

Most likely to be an issue of time and money.

[geowrian 22,337]

The cancer portion shouldn't be an issue for the public charge component. What they would look at are out of pocket costs associated with care. Assuming he can either pay for or obtain insurance to cover the regular scans, doctor visits, adjuvant chemo (if any), etc., then I wouldn't anticipate an issue.

If the beneficiary was a parent instead and not of working age or history, then the above may or may not apply.

Edited December 31, 2018 by geowrian

[JennChristo 1]

I know it's a dumb question, but it's not IMPOSSIBLE to overcome the 10 year ban, right? 

 

I have things to prove hardship, but I'm not certain they're... Hard enough. 

[JennChristo 1]

3 hours ago, PaulTheSheik said:

Wow that's tough. Good to know his cancer is in remission. That's a 10 year ban right out of the gate. Getting an attorney was the right move. He will probably suggest you file a waiver, unless you have some extenuating circumstances it will be a tough slog to get that approved. You must keep positive because nothing is impossible, but also be grounded with the realities.

 

The cancer could be used against him as a public charge disqualification because of high treatment costs but depending on the kind of cancer etc, your attorney could shoot that down with an explanation that the probability of recurrence is low. I hope your attorney is the kind who will be honest with you and not lead you on spending money when the prognosis for success is not looking good.

 

I am also considering doing the 3 month visit to DR starting in February to get more FaceTime. I just returned last week from a three week visit.

 

Best wishes and positive energy your way and remember you cannot win if you don't play. If it costs some money, so be it. It is only money after all.

You should do it! And thanks man, because you ready can't win if you don't play. That's the sort of positivity I like to hear

 

best wishes to you, also!

[geowrian 22,337]

16 minutes ago, JennChristo said:

I know it's a dumb question, but it's not IMPOSSIBLE to overcome the 10 year ban, right? 

 

I have things to prove hardship, but I'm not certain they're... Hard enough. 

Many people obtain an I-601. A good presentation does go a long way here as well...that's where an attorney would come in handy.

Note that the waiver only comes into play after one is deemed otherwise eligible for the visa. So this would be after the interview and everything else checks out fine. Only then can the I-601 come into play. So you have plenty of time (at least 12-15+ months) to figure things out on the waiver.

[Boiler 44,855]

Agree, some waivers are easier to put together than others but presentation is important.

[Visitor User 253]

Do any lawyers write extreme hardship letters?

 

I-601A has high approval rates from what I’ve read.

 

245i works but you had to have a petition filed on or before 4/30/01.

Edited December 31, 2018 by Visitor User

[Boiler 44,855]

It is a package and of course, many specialise in Waivers.