₦airaland Forum

Dear VO,

Thank you for your response. I was anxiously waiting for it as we are at one of the most important crossroads in our lives, so all the information I am able to gather is so important . Since we have entered the country we have attended college and both of us got degrees- RN and mechanical engineer (tuition payed by ourselves), started a small business (payed taxes) and started a family. No deportation orders, no criminal history, no claims to citizenship. Our attorney feels very confident that we have a very good chance to come back, however I am worried and trying to gather as much information as I can, and try to go over all kinds of scenarios. I wanted to ask you if my husband has d/s stamped on his I94, is he subject to the 10 year ban? ( status has not been terminated ). (I understand that without the waiver I will be found inadmissible).
Thank you.

Dear VO,

I am writing to you because my husband and I are in unique situation, and we are looking for some guidance regarding our immigration situation. My husband entered the US on a student visa (F1) with d/s stamped on his I94 . He attended college for over 5 years, however he had to drop due to cost. In 2008 the company he has been working for offered to start the process for a EB3 visa. Perm was approved in 2008, I 140 approved in 2009. His priority date was current in 2013.( we were previously informed by another immigration attorney that the NVC will contact us when date is current) When we went to see a different immigration attorney earlier this year we were informed that the priority date is current and that the employer should file I824 to have the case transferred to the NVC, since he needs consular processing and can not do AOS. He also told us that because my husband has d/s on his I94 he is AOS but did not aquire unlawfull presence. I am a dependent on his case, I have enterd on a B2 visa and have unlawful presence, but out attorney has advised us that I qualify for I601A since my parents are USC and I do have a strong waiver case, based on our family situation. We have 4 USC children, no criminal record, and the job is still available for my husband. I am absolutely terrified to leave the country for consular interview. Our entire families are here, our children know no other life- do not speak our native language., we have nobody back home(except for extended family)and the thought of not being able to come back terrifies me. I know I have made a mistake by overstaying my B2 visa- I was young and naive, and listened to the wrong advice, I would do anything to take it back. My question for you is do you think that there will be a problem with the I140 being approved in 2009 and the priority date being current in 2013? Job hasn't changed, employer will have a job offer for my husband. If my waiver gets approved will my unlawful presence still be an issue to get the visa. Thank you for reading my lengthy post.