I am here the second time now under the Visa Waiver program, which might be the next problem. My question is , from submitting the AOS to evetually doing a waiver of inadm., motion to reopen and if necessary going to file reopening at AOO, how long would all this take? And if it got denied, how long will it be before i'd recieve a deportation notice? My husband is an officer in the US Army, there for is not able to move to Europe, also he doenst speak the language. We would suffer extreme hardship being seperated, especially since we have a newborn.Can i stay in the US while my case is being worked on, and what is the earliest ( in a timely manner) i would have to leave the US if a denial would happen? Also what are my chances of a hardship waiver? The penalty for false accusiation for assault and sexual assault was a fine of 4800Euros ( about 6,000$) no jailtime. Thank you so much for your help
In your case, there would appear to be two issues. One would be your false accusation for assault and sexual assault and the second would be your intent at the time of entry to the US. If you married within a short period of time (within 60 days), an immigration officer may believe that you abused your visa waiver privileges and misrepresented your actual intentions in coming to the country. In either case, you might have to file an I-601 application for waiver of excludability (the criminal offense if it would render you excludable) and the adjudication would depend upon whether you are able to establish that your husband would suffer extreme hardship if you were not granted the waiver. The officer will take into account the seriousness of the offenses as opposed to your equities if he or she determines that there is extreme hardship. During the time the your case is being worked upon, you are generally allowed to remain. From the facts that you have presented, you have a chance of obtaining a hardship waiver although I do not go into percentages. If a denial of the I-485 occurs, you would generally be asked to leave the US within 30 days. As you were admitted under the visa waiver program, you would have no right to appear before an immigration court if the local director of the U.S.C.I.S. field office decided to enter an order of removal against you.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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