Visa Lawyer

[pjpw2320 0]

50 minutes ago, Jorgedig said:

I am not a lawyer, but I expect a good one would direct you to writing up a detailed description (with any pertinent documentation) of the mitigating circumstances which led you to not AOS during those six years.  Even before you hire a lawyer, you can go to USCIS.gov and read decisions on hardships, to get an idea of what they're looking for, and how the Administrative Appeals Office evaluates cases.

 

Best wishes, and I'm very sorry to hear of the loss of your son.  

Thank you so much.

[Boiler 46,125]

Just look at the approval statistics.

[pjpw2320 0]

23 hours ago, pjpw2320 said:

Not really. I completed that process, travelled to the US in June 2012, married within the 90 days and took up residence there under the approved K1 Visa. I had not, however, adjusted status due to mitigating factors to do with fluctuating household numbers and the effect of that on sponsor income requirements when, in early June 2018, I was called back to Australia urgently due to the the sudden death of my then 24 year old son.

 

I secured an Interview with US Immigration in Buffalo before leaving but was told there was nothing they could do to approve my absence at such short notice. I was told my wife would have to file an I-130 when I got back to Australia.

 

We did that and went through the process and obtained approval from USCIS and the National Visa Center only to be denied by the Consulate in Sydney due to my leaving having triggered S.221(a)(9)(B)(i)(II, the 10 year year bar period. We now have to file an I-601 Waiver application.

The section reference above should be 212(a)(9)(B)(i)(II).