Green Card - 10 Year Ban

[emeraldscorpio]

Being from the UK, i came into the US on a visa waver. I got marrien in florida to an American citizen in the summer of 2001. The visa waver expired in 2001 also and i have been in the country illegaly for nearly seven years now.
I have to return to the UK and I know i will be banned from the US for 10 years.

How hard is it to overturn the 10 year ban and actually file for the proper paper work? What is the process and how long would it take? what would be the costs?

I know there are a lot of questions, sorry.

Thanks

[TracyTN]

I don't think there is a way to 'overturn' the 10 year ban. You'll just have to wait it out and then reapply at that time.

[diadromous mermaid]

Originally Posted by emeraldscorpio

Being from the UK, i came into the US on a visa waver. I got marrien in florida to an American citizen in the summer of 2001. The visa waver expired in 2001 also and i have been in the country illegaly for nearly seven years now.
I have to return to the UK and I know i will be banned from the US for 10 years.

How hard is it to overturn the 10 year ban and actually file for the proper paper work? What is the process and how long would it take? what would be the costs?

I know there are a lot of questions, sorry.

Thanks

You submitted no paperwork to adjust status after your marriage in 2001? What is the status of your marriage now?

[Sukie175]

I also don't think there is anyway around a 10 year ban, especially where you overstayed illegally for so long. If you really want to try, then you need to call a lawyer I guess

[emeraldscorpio]

Originally Posted by diadromous mermaid

You submitted no paperwork to adjust status after your marriage in 2001? What is the status of your marriage now?

Im still married.

Thanks for the reply guys.

my wife also informed me something about a "hard ship wavier". im not sure about that, need to check it out.

[Sukie175]

I don't think the hardship waiver would work, or help you overturn a ban for overstaying illegally. I suggest you try to find an immigration lawyer who will give you a free 30 minute consultation and get some advice. Alternatively of course, your wife can apply to go to the UK and then re-apply to the US at the end of your ban

[mixchel]

Originally Posted by emeraldscorpio

my wife also informed me something about a "hard ship wavier". im not sure about that, need to check it out.

Why do you 'have to' go to the UK, if you don't mind sharing. Your overstay is forgiven if you file and stay put.

[diadromous mermaid]

Right, Mix, that was what I was getting at.

[TracyTN]

I wondered that, but I thought he 'had' to go back..maybe for a personal or business reason.

[KitKat]

If you must leave the US before adjusting your status, you will need a hardship waiver to overcome the ban. The waiver requires your USC wife to prove, with evidence, that it would constitute "extreme hardship" to HER, if your visa is ultimately refused (and she has to move to the UK permanently).

London used to be known as one of the more lenient consulates for hardship waivers, but in the past year it seems they have become much stricter. In terms of timing, it's hard to say. They are not as fast as they used to be - I'd count on 6-8 months more or less. The good thing is they have a way to track waiver processing status online which most consulates to not have.

Review the I-601 waiver section on www.immigrate2us.net for more information on waivers.

Review the London consulate website as well:

http://www.usembassy.org.uk/dhs/uscis/ivwaiver.html
Form I-601 - Application for a Waiver of Ground of Inadmissibility

and in particular, the arguments considered for the hardship letter and evidence:

http://www.usembassy.org.uk/dhs/usci...e_hardship.pdf
Extreme Hardship Statement

Keep in mind that the waiver does not come into the picture until your I-130 petition has been approved and been transferred to the consulate in the UK. Once you have a interview, you will be denied due to the illegal presence and told if you are eligible to file a waiver (sounds like you are!). At THAT point you submit the waiver and wait out the adjudication process. If approved, you then get your visa and can return to the US.

[mixchel]

oye KitKat, just to be clear, is that 10 or so months for the Immigrant Visa portion, get denied, then an additional 6-8 for the waiver adjudication?

So that is 14-18 months if OP leaves the US before completing Adjustment of Status.

[KitKat]

Exactly. No waiver filing until interviewed, denied, and determined to be eligible for a waiver. Then wait for adjudication. It can be a long wait - we filed the first piece of paper in March 2006, waiver/hardship packet in November 2006, and approved in September 2007. At least London is usually faster than 10 months on waiver adjudication!

I should add that a consult with a US based attorney who is experienced in waivers in the UK is a must. They have apparently gotten much stricter on "simple overstays".

[diadromous mermaid]

Originally Posted by KitKat

Exactly. No waiver filing until interviewed, denied, and determined to be eligible for a waiver. Then wait for adjudication. It can be a long wait - we filed the first piece of paper in March 2006, waiver/hardship packet in November 2006, and approved in September 2007. At least London is usually faster than 10 months on waiver adjudication!

I should add that a consult with a US based attorney who is experienced in waivers in the UK is a must. They have apparently gotten much stricter on "simple overstays".

I'm a bit muddled on the last part of your post KitKat. While I concur with all you've written, surely a successful waiver adjudication has "little to do" with the overstay and much "more to do" with the level of hardship that the USC will bear if not approved, correct?

[KitKat]

In theory, yes, the reason the person needs a waiver should not come into play. As long as the applicant is eligible to file a waiver, adjudication "standards"should remain the same. (Althought certain types of waivers are harder to get approved than others. For example, misrepresentation is a tough one, generally speaking).

Since there is no one definition of "extreme hardship", only guidelines for adjudicators, every consulate operates a bit differently. So while an overstay without any mitigating factors (i.e. DUI or other extenuating circumstances in the applicant's backgroud) should be very straightforward and simple, and should be only about whether or not the USC has proven extreme hardship, London has apparently come down much harder than in the recent past. Now, it seems, the length of overstay is taken into consideration, even though the law does not differentiate in any way between a 361 day overstay or 12,061 day.

I actually spoke directly to the adjudicator in our case. He mentioned to me that my husband showed "disregard for US immigration law and for that reason he was inclined to deny it". It was very hard for me to keep my mouth shut and not inform Mr. Adjudicator that the circumstances behind the need for a waiver had no bearing whatsoever on waiver approval -- that the law only stipulates that I had to prove extreme hardship, but I did without a doubt. Thankfully I kept my mouth shut and he approved it. But it sure goes to show that some adjudicators do clearly seem to look at other factors i.e. length of stay. In any event, I've seen London deny "simple overstay" waivers in the past year, which previously rarely happened.

[emeraldscorpio]

Thanks for the reply guys. Sorry ive not been back on. I am now in the UK and we are now considering doing this paper work.

need to get start saving to file. has anyone any idea to the approximate cost in total? i know the i-601 is over $500.