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I am married to a US citizen. I came to the USA on student visa. I overstayed for a year and got arrested for a DUI. I asked for voluntary departure and filed a I-130. The case still pending. I want to fly back but was told I need to get from my spouse a visa waiver.
6 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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When you have the interview at the consular office, you should have the I-601 form and fee $585 prepared with a statement from your spouse and any other evidence regarding the hardship to him or any parents with lawful status in the U.S. if you are not granted.
Answered on Dec 19th, 2011 at 7:29 PM
Leon Wildes
If the DUI requires a waiver you must file an application for it explaining the hardship you will sustain if you cannot rejoin your husband and proving your otherwise flawless background.
Answered on Dec 19th, 2011 at 11:05 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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My guess is that you have an immigration attorney representing you. I encourage you to fully discuss with him or her, as they will have the full facts of your case. Leaving the US generally does complicate your ability to return and often does require filing of an extreme hardship waiver, which is difficult to obtain.
Answered on Dec 19th, 2011 at 10:59 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Depending on the charge, you should be able to file here in the US. Consult with an experienced attorney.
Answered on Dec 19th, 2011 at 10:49 AM
2 Awards
You are confusing all kinds of immigration terms and processes. You need to speak with a lawyer as it sounds like you have a complicated case.
Answered on Dec 19th, 2011 at 10:43 AM
3 Awards
You probably do not need a waiver to come to US.You should contact an immigration lawyer to evaluate your case.
Answered on Dec 19th, 2011 at 8:42 AM