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Ok,I overstayed on the visa waiver programe however I am a british citizen married to a U.S citizen to whom I`ve been married to for 7 years now and we have a son together who`s citizen paperwork is pending with the USCIS so basically because of those factors and the fact that my husband needs me to get back home to him and our son as quickly as possible as if I don`t it will cause great hardship to all 3 of us,will the immigration authority grant me admissibility on those basis?

2007-09-27 22:30:41 · 4 answers · asked by marieg_1977 1 in Politics & Government Immigration

4 answers

It's entirely possible...although no one here can decide that it will be approved. First I would recommend that you hire an attorney on this matter as this petition is a kind of last stand.
You need to file a I-601...if and only if your I-130 has been denied. By your question I am assuming that you are in your country of origin. Your husband will need to write a letter of hardship to be sent to the US consulate for your interview. Seeing that you have been married for 7 years, and have a child between you definately makes it easier. An Attorney can help with the particulars in this petition though. See below for links and info on the I-601:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bb515f56ff55d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Good luck!

2007-09-27 23:08:18 · answer #1 · answered by Anonymous · 3 0

I would suggest you contact a lawyer, as you have overstayed on the visa wavier program this may cause a slight problem. It would be advisable to allow a lawyer to apply for the correct paperwork, as they will know how to hand the overstaying issue on the paperwork. Also, are you talking a couple of weeks or are you talking years?

2007-09-28 00:00:04 · answer #2 · answered by Mama~peapod 6 · 0 0

Probably. You're married to a US citizen, so it shouldn't be too difficult.

If you had just gotten married within the last couple of years, it would probably look suspicious, but if you've been married for 7 years, and have a child together, it's clearly a legitimate marriage, and they will probably let you come back without too much hassle.

Good luck.

2007-09-27 22:46:07 · answer #3 · answered by Austin M 2 · 0 0

Request for a reconsideration of your case so that your immigration problem will be leniently dealt with.

2007-09-27 22:48:21 · answer #4 · answered by FRAGINAL, JTM 7 · 0 0

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