3/10 year bar waiver
“Just because you overstayed in the U.S.— Brian D. Lerner, Attorney at Law
And are not supposed to come back for years does not mean you cannot get a Waiver of the 3/10 year bar prepared to be able to immigrate or stay in the U.S.”
3/10 year bar waiver. The preparation of a Waiver is not easy. Many people do some research on the internet and think all they have to do is complete Form I-601 and that it will simply be granted, that is like reading the cover of a book and saying you have read the whole book.
In fact, The I-601 Form is exactly like the cover of a book and only introduces the Waiver. It is the legal brief, declarations, affidavit, supporting evidence and all other materials that properly make a Waiver approvable.
See if you can adjust under a Marriage Petition with the Waiver.
In order to be able to file the Waiver of the 3/10 year bar, you must have what is known as a qualifying relative. This is a person who has a specific relationship to you and will suffer considerable hardship if you are not allowed back into the U.S or not allowed to remain in the U.S.
In this particular case, the qualifying relative must be a lawful permanent resident or U.S. Citizen spouse or a lawful permanent resident or U.S. Citizen parent. Only those relationships qualify for this waiver. If you have a child who is a U.S. Citizen or resident that will not qualify. However, the child can be ‘bootstrapped’ to the qualifying relative. The DHS rule announced in 2013 reduces the risk of family separation for certain people with U.S. citizen family members. The DHS rule announced in 2013 reduces the risk of family separation for certain people with U.S. citizen family members
The provisional waiver and who can file it
Alternatively, you committed fraud making it necessary to do a fraud waiver. The reality is that if the provisional waiver of the 3/10 year bar is denied, you will probably not leave the U.S. However, If approved,
many people have to go only for the interview and this takes many times less than a week outside the U.S.A.