We got GOOD news!!!!
The law states:
Quoted from my soon to be attorney's email:
#1 The 10 year bar that can be waived now is for someone who lived unlawfully in the U.S. for over a year and then departs the U.S. (voluntarily or not).
#2 This 10 year bar becomes a permanent bar (than cannot be overcome until the applicant has lived outside of the U.S. for at least 10 years) when the applicant re-enters or attempts to re-enter the U.S. after #1 has happened.
As long as #2 does not apply, the person who was unlawfully in the US is eligible for the waiver.
After my weekend of crazy stress causing ups and downs investigating the laws, I now say, you need an attorney to do this. It is too stressful, let them deal with it, that is why we will have to pay them the big bucks!
I am not recommending the attorney, at least not until Miguel is in the USA!! From what this attorney says, we can be in the States within a year!!! I don't want to get my hopes up but, I can't help being excited! As all of you know from reading my blog, my in laws make my life a living hell and they keep finding ways to try to bother me so, I honestly can't wait to get as far away from them as possible!!
BTW This morning I was telling my MIL that Miguel would probably have to wait out the 10 years here and her response was, "Well, then you all need to move to the Rancho" This is her response eveythime we talk about us being here on a long term basis, not get a house around here but, move 6 hours from here or hurry up and get back to the US!
What I have to say to her is: Yes MIL dear, don't worry. We will be going back to the States ASAP.
PS If anybody wants the attorney's contact info, email me.
I would urge you to hold off until you receive the FOIA. The info in it could be the difference between 1 and 2. I'm not trying to be negative. I know a lot of people who paid a lot of money to lawyers who could not help them. Being eligible for a waiver does not guarantee that it will be granted. You have to prove extreme hardship which is very difficult to do. Please talk to some people on I2US who have been through the waiver process before you give your lawyer any money. They will give you a better idea of what you can and can't expect. They also know of attorneys who specialize in waivers. It's complicated so it's good to have as much information as possible.
ReplyDeleteThe attorney was recommended by someone from that site. I still plan on getting the FOAI first anyway because with the US government, you never know!
DeleteYou sound so happy and that's wonderful! I'm glad you are using one of the recommended attorneys and I will pray it works out for you :)
ReplyDeleteYay I knew it.. I just posted on you other post. about the difference between those 2 and it doesnt sound like it was number 2.. I wish you the best in this journey. I'm moving to mexico in 2 weeks to be with hubby because this process just simply sucks.
ReplyDeletekeep us updated and good luck :)
ReplyDeleteSounds like we are in a similar boat! Happy you are positive about the progress/start so far.
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