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Need Help with I-130, Overstay involved and need expedited waiver do to mental health issues.
How can we approach this?
Anonymous7 views1 answers
Our case is unusual. My husband overstayed US visitor visa in order to help me with severe family tragedy -2 years. Even though adjustment of status was possible in March of2013, we decided we needed to try to get a fresh start in his western european country. We have been married of over 3 years and been abroad since March of 2013
I have been diagnosed with severe PTSD, anxiety disorder, type 2 diabetes uncontrolled, almost died from a SARs like virus, broke my foot, and was involved in a bad bus accident.just since I arrived her. I have not adjusted here. My husband has found not work. We are older. I want to go home and it is all we think about. We believe there will need to be a waiver process but we need help with both and cannot afford an atty.
Anybody know resources help ? Thanx!
Based on the information you provided, it appears that your husband may have accrued unlawful presence. But you would need to consult with an immigration attorney to determine whether the 3 year or 10 bar applies to your husband. To determine unlawful presence, an attorney would need to know all the dates that your husband entered and departed the US, the expiration date for each visa, and the type of visa each time he entered the US.
Once you determine whether the 3 year or 10 year bar applies, you would better understand what options is best for you. For example, if only the 3 year bar applied and he has been out of the state since 2013, he would be eligible for an immediate visa in 2016 without having to apply for a waiver provided that there are no other inadmissibility issues.
If the 10 year bar applies and you don't want to wait 10 years, a waiver for his unlawful presence is required. The applicable form for the waiver is the I-601 if he is currently outside the US.
It would be extremely difficult for a person with no experience in preparing a waiver to do it without the assistance of an attorney. Generally, what you must prove for this type of waiver is that you would experience extreme hardship if you returned to the US without your husband and that you are currently experience extreme hardship in the foreign country where you currently live.
You can search for an immigration attorneys on and try to negotiate a payment plan with the attorney since your finances are limited. Or you can search for nonprofit organizations that offer immigration services for very low fees.
