What do you do after I-612 gets denied?

[hummingbird0909 1]

Hi, this is really unfortunate, but our I-612 got denied recently. (EH waiver to a USC spouse) What are our options moving forward? any advice? our lawyer mentioned re applying. Our initial and very emotional thought is to just go home and serve the 2 yrs. But the lawyer mentioned that by doing that, we would have to overcome another waiver w/c is the I-601 and that can add 1-3+ years (processing time rn) to the 2years.  We are at lost right nowx and we are still waiting on the denial letter to come thru mail. so we are still confused on what grounds did they deny our waiver to. 

 

Please if anybody is on the same boat, or had been thru this situation. We would greatly appreciate any input. 

[Boiler 45,486]

I 601 for illegal presence presumably?

[hummingbird0909 1]

I think so, ended up overstaying, while waiting on our 1-612. 

[Boiler 45,486]

More than 6 months?

[hummingbird0909 1]

19 minutes ago, Boiler said:

More than 6 months?

yes l, unfortunately

[Boiler 45,486]

I 601a is an option

[Mike E 11,739]

44 minutes ago, hummingbird0909 said:

I think so, ended up overstaying, while waiting on our 1-612. 

How long was the over stay?

[hummingbird0909 1]

5 minutes ago, Mike E said:

How long was the over stay?

1yr

[hummingbird0909 1]

11 minutes ago, Boiler said:

I 601a is an option

I really do not have any knowledge of this, so this route is having to go back to home country and applying this waiver, after 2yrs.. and depending on the speed of processing time for i601a (which varies) is our +waiting time before getting admitted back to US via GC? am I understanding this right? Also, how complex is the i601a waiver? 

[Boiler 45,486]

2 minutes ago, hummingbird0909 said:

I really do not have any knowledge of this, so this route is having to go back to home country and applying this waiver, after 2yrs.. and depending on the speed of processing time for i601a (which varies) is our +waiting time before getting admitted back to US via GC? am I understanding this right? Also, how complex is the i601a waiver? 

You have a Lawyer

 

Applied for before you leave

[Mike E 11,739]

Just now, hummingbird0909 said:

1yr

If it was a 3 year ban, I would suggest leaving to serve out the 2 year home residency rule and 3 year ban.

 

Since it is a 10 year ban, it is worth finding a competent lawyer to see if it makes sense to appeal the denial of I-612. If not, then you will still want a waiver of the 10 year ban.

 

Did your current lawyer advise you that if I-612 was denied, that you would be banned for 10 years?

[hummingbird0909 1]

27 minutes ago, Mike E said:

If it was a 3 year ban, I would suggest leaving to serve out the 2 year home residency rule and 3 year ban.

 

Since it is a 10 year ban, it is worth finding a competent lawyer to see if it makes sense to appeal the denial of I-612. If not, then you will still want a waiver of the 10 year ban.

 

Did your current lawyer advise you that if I-612 was denied, that you would be banned for 10 years?

Thank you for this insight! We will take this into account. 

 

Our atty very vaguely discussed the I601, because he strongly urge us to re apply. He said that route is the hardest one, because it will just add years to our waiting in my home country.. So to answer this I guess, no.  I am really in a bind. 

[Mike E 11,739]

Just now, hummingbird0909 said:

So to answer this I guess, no

Your current attorney is not competent.
 

* Find another attorney.

 

* Call into Jim Hacking’s youtube show 

 

IMHO a competent lawyer would have

 

* refused to file I-612 if your J-1 authorized stay had expired

 

* once you were within 30 days of a 180 day overstay, told you to leave the U.S. 

 

 

[JeanneAdil 6,498]

39 minutes ago, Mike E said:

If it was a 3 year ban, I would suggest leaving to serve out the 2 year home residency rule and 3 year ban.

 

Since it is a 10 year ban, it is worth finding a competent lawyer to see if it makes sense to appeal the denial of I-612. If not, then you will still want a waiver of the 10 year ban.

 

Did your current lawyer advise you that if I-612 was denied, that you would be banned for 10 years?

With one exception, a denied waiver recommendation application cannot be reconsidered or appealed, and you should not apply again under the same basis as used in your original waiver request. The one exception is if you requested a waiver based on persecution or exceptional hardship to a U.S. citizen (or legal permanent resident) spouse or child, and you have new relevant information which you believe may result in a different decision. You may apply again to USCIS. However, please be aware that you will need to submit a new waiver recommendation application, including all documents listed in Steps 1 through 3 of the Instructions, and pay the processing fee.

 

https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/exchange-waiver-faqs.html

[Mike E 11,739]

Be

4 minutes ago, JeanneAdil said:

With one exception, a denied waiver recommendation application cannot be reconsidered or appealed

Be that as it may, given there is now a 10 year ban, my advice to seek competent legal advice stands.