Visa IR1 denied on interview requesting i-601 waiver

[Redro 4,611]

 

 

11 minutes ago, aaron2020 said:

Gonna guess that OP had a quick consultation with a lawyer.  Was focused on the 2 years home rule.  Left the country and did all the immigration paperwork on their own and without legal advice.  

 

8 minutes ago, Crazy Cat said:

Wouldn't most attorneys have suggested getting home residency requirement waiver before leaving the US?

 

OP might not have mentioned the overstay just the J1 home residency requirement. 

OP goes home for 2 years then files for the I-130 thinking everything will work out. 

Goes to show why you always need to give the entire story when getting a consult. 

OR lawyers are so used to overstays being forgiven with AOS they thought the only issue was needing to go back home for 2 years.

Can't cry over spilt milk. Need to file the waiver... Hacking is fairly negative about long separations leading to successful waivers so I believe Scott or Cannon are the lawyers one should consult. 

[Rocio0010 5,579]

6 minutes ago, MLGood said:

Do they also forgive if the spouse of the us citizen worked?

Not with an IR1 because you don't adjust status within the US.

[Dashinka 24,513]

1 hour ago, aaron2020 said:

OP had a J1 with a 2 years home requirement.  This prevented adjusting status.  To adjust status, OP would have needed to get that waived.

 

OP left the US after overstaying for 5 years and triggered the 10 years ban.

 

OP's immigration visa was denied due to the ban.  Now, OP needs a waiver for the ban.  

To be fair to the first attorneys, they may have been talking about the waiver to the home stay requirement hence the advice to leave and fulfill that aspect.

[SalishSea 17,837]

6 hours ago, Mike E said:

Indeed.  The lawyers that told OP to leave the USA are certifiably incompetent.  I  wonder if there is a possibility of a waiver based on ineffective counsel.  Those attorneys should be reported to their state bar.  

Except that OP states she would have had to leave anyway due to a sick parent.

[TBoneTX 45,312]

MLGood, do not post anything further in this thread.  If your questions haven't been answered, start your own thread, please.

 

VJ Moderation

[limegreenbowler 45]

I haven't seen the OP's response as to whether or not he or she was admitted D/S. As several posters have pointed out, if admitted D/S, this should not trigger a bar requiring an I-601 unless an IJ determined OP was out of status. It is very possible the Consular Officer made a mistake (it happens) because it's not a very common thing, and OP needs to get his argument in front of a Consular Manager through the Consulate's inquiry form to have the decision overturned. 

 

The previous administration did try to change the FMJ D/S policy, but it was struck down by federal court in early 2020 and they reverted to the old policy.

[Mike E 11,739]

16 hours ago, Jorgedig said:

Except that OP states she would have had to leave anyway due to a sick parent.

I don’t think the issue of a sick parent gives  a lawyer a free pass to give ineffective  and erroneous counsel. 

[MLGood 9]

15 hours ago, TBoneTX said:

MLGood, do not post anything further in this thread.  If your questions haven't been answered, start your own thread, please.

 

VJ Moderation

Okay

[RPhoenix71 0]

On 2/24/2022 at 8:13 AM, Crazy Cat said:

They should have told you about other options if available.  Now, you definitely need a waiver.  The last I-601 waiver I remember seeing took about a year to process.

I am a little confused, and need your help in understanding this situation.

If the I-601 takes a year in processing, why would the Consular Officer/Embassy keep the Original Passport? Also, which country is this IR1 currently being processed from? From what I understand, I-601s are being processed only through a Central Lockbox in the U.S