i have a question.
I am going to fill case for adj. of status based on marriage with amer. citizen. and i got here legally to America. (B2 visa)some years ago. But my case is not going to be perfect. I had some trouble in past ( arrest) and i overstayed my tourist visa, but i feel i need 601 waiver which says i have to go back and wait when its granted or no..But what about my overstay? if i go back i will get automatically 10 year bar and how i will be back with that? do i have to go to my country to wait for waiver or can do it here& and how long it takes to get desesion 601 waiver&
Thank you a lot
You do not need a waiver for your overstay since your spouse is a US citizen. You should speak to an attorney to help you determine whether you are inadmissible. Not all convictions are problematic for immigration, and you mention only an arrest, not a conviction. Meet with an attorney BEFORE filing anything and definitely before you leave the country, as you may not need a waiver. If you leave you will definitely trigger the 10 year bar and need the waiver.
Stop!!! Don't leave. You seem very confused. Waivers are denied, even if you are married to a U.S. Citizen. Strangely, you do not seem to need a waiver!!!
The facts suggest that you can adjust status in the U.S. because you were admitted and inspected, even if you are now an overstay.
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before a serious mistake is made! Good luck.
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