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10 year bar and I-601A provisional waiver

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  • 10 year bar and I-601A provisional waiver

    I overstayed my visa for many year, which makes me ineligible for reentry in the US for 10 years. I left the US in December of 2013 and I have a pending application filed in September of 2009 as a married son of American citizen (F3 category). I've recently noticed in the visa bulletin that the processing dates are moving faster than usual, last month (Jul/2019) they were processing the cases from March, 2017 and this month they are processing June, 2017, that is a 3 month leap in one month. Now I'm afraid that they will get to September, 2009 and I'm still within the 10 year bar.

    My questions are: is there any chance that they will not deny my process even though I'm still within the 10 year bar but close to the end? What are the chances of getting a provisional waiver since my mother, who is my visa sponsor, does not depend financially on me? Could I use the fact that my children, who are American citizens, are suffering hardship for not being in the US?

    Any advice will be appreciated.

  • #2
    What status did you overstay? Was there a date on your I-94? How old were you at the time?

    You already left the US and already triggered the ban so you would not be applying for an I-601A provisional waiver; it would be a regular waiver with I-601 when you apply for the immigrant visa with the consulate.

    No, there is no chance they will not deny you if you are still under the ban. Hardship to your children don't count; only hardship to your US citizen or permanent resident spouse or parent counts.

    This is my personal opinion and is not to be construed as legal advice.

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