Jump to content
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)

 Share

5 posts in this topic

Recommended Posts

k1800vti Apprentice

k1800vti   1

Posted
Timeline
Posted
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!
ArmyVet Enthusiast

ArmyVet   146

Posted
Filed: IR-1/CR-1 Visa Country: Colombia
 Timeline
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

 

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

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...