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k1800vti

Do I need any waiver after 10 years of bar is over?

By k1800vti in Waivers (I-601 and I-212) and Administrative Processes (221g)

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k1800vti Apprentice

k1800vti   1

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Hi All,
 
I am a US citizen and my wife is residing outside of the country for the past 9.8 years and the bar is due at Aug 19, 2019 ( INA 212(a)(9)(A) & 212(a)(9)(B)(i)(II) checked with  general consulate for all info already). We have 2 children and we have I-130 on hand so this part is not to be a worry. I have learned from 2 lawyers that there is no waiver needed since she was only overstaying and 1 said she might need i-212. I have verbally answered by a consulate officer that " there is no reason to not to grant her a green card after 10 years" back in 2015 as I was trying to apply for wavier at that moment.
 
I am also emailing the console and see if they can respond to me regarding this.
 
Anybody has this type of experience and would like to share? Thanks!
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ArmyVet Enthusiast

ArmyVet   146

Posted
Filed: IR-1/CR-1 Visa Country: Colombia
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Posted
25 minutes ago, k1800vti said:
Hi All,
 
I am a US citizen and my wife is residing outside of the country for the past 9.8 years and the bar is due at Aug 19, 2019 ( INA 212(a)(9)(A) & 212(a)(9)(B)(i)(II) checked with  general consulate for all info already). We have 2 children and we have I-130 on hand so this part is not to be a worry. I have learned from 2 lawyers that there is no waiver needed since she was only overstaying and 1 said she might need i-212. I have verbally answered by a consulate officer that " there is no reason to not to grant her a green card after 10 years" back in 2015 as I was trying to apply for wavier at that moment.
 
I am also emailing the console and see if they can respond to me regarding this.
 
Anybody has this type of experience and would like to share? Thanks!

If the 10-year ban is over, no waiver is needed. The waiver is only required if you are in a current ban. Good luck.

“I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”

 

“I AM NOT ACCREDITED TO REPRESENT YOU BEFORE THE UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE AND THE IMMIGRATION BOARD OF APPEALS.”

 

Married: 03September2010

Beneficiary Country: Colombia

 

CR1 (Expedited USCIS and NVC)

NOA1: 21March2011

USCIS Expedited Approved: 21June2011

NOA2: 21June2011

NVC Expedite Approved: 14September2011

Interview: 21October2011

POE: 28October2011

 

I-90 (Name Change)

NOA1: 03January2012

Biometrics: 07February2012

Approved: 07February2012

 

ROC (Approved)

NOA1: 28October2013

Interview: 22November2013

Approved: 11March2014

 

***Moved back to Colombia to finish graduate studies. Wife filed I-407 (Record of Abandonment of Lawful Permanent Residence Status) at the tourist visa interview. After finishing graduate school, we decided to move back to the U.S.***

 

B1/B2 (Approved)

DS-160: 12June2017

Interview: 12July2017

Filed I-407: 12July2017

 

IR1 (Expedited USCIS and NVC)

NOA1: 09October2018

USCIS Expedite Approved: 05April2019

NOA2: 09April2019

NVC Expedite Approved: 23May2019

Interview: 10June2019

POE: 29June2019

 

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ArmyVet Enthusiast

ArmyVet   146

Posted
Filed: IR-1/CR-1 Visa Country: Colombia
 Timeline
Posted
Just now, k1800vti said:

So basically just normal green card application? Thanks!

Yes, you will have to disclose all the information on the application and be honest about it, but it will not disqualify you. Good luck.

“I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”

 

“I AM NOT ACCREDITED TO REPRESENT YOU BEFORE THE UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE AND THE IMMIGRATION BOARD OF APPEALS.”

 

Married: 03September2010

Beneficiary Country: Colombia

 

CR1 (Expedited USCIS and NVC)

NOA1: 21March2011

USCIS Expedited Approved: 21June2011

NOA2: 21June2011

NVC Expedite Approved: 14September2011

Interview: 21October2011

POE: 28October2011

 

I-90 (Name Change)

NOA1: 03January2012

Biometrics: 07February2012

Approved: 07February2012

 

ROC (Approved)

NOA1: 28October2013

Interview: 22November2013

Approved: 11March2014

 

***Moved back to Colombia to finish graduate studies. Wife filed I-407 (Record of Abandonment of Lawful Permanent Residence Status) at the tourist visa interview. After finishing graduate school, we decided to move back to the U.S.***

 

B1/B2 (Approved)

DS-160: 12June2017

Interview: 12July2017

Filed I-407: 12July2017

 

IR1 (Expedited USCIS and NVC)

NOA1: 09October2018

USCIS Expedite Approved: 05April2019

NOA2: 09April2019

NVC Expedite Approved: 23May2019

Interview: 10June2019

POE: 29June2019

 

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