My fiance was deported for overstaying his B2 visa, he also has a criminal record.Do we need to address both in the I-601 waiver

Asked over 1 year ago - Petersburg, VA

He was not deported for the crimes, just for overstaying his B2 visa. It was a voluntary deportation; when his ex-wife withdrew her sponsorship for him. The crimes are: felony DWI, felony evading arrest, two misdemeanor DWI's and a few traffic misdemeanors. Do we need an I-601 waiver to prove rehabilitation for his past crimes, even though they had no impact in his deportation? ALSO, would he have a higher chance of his waiver being approved if we got married and I showed extreme hardship as his wife instead of as his fiance? Please help! I know I need an attorney for this complicated case, but I've been quoted $7500 (too much for me!) and I just wanted clarification of these issues before choosing an attorney! Thank you so much!

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree


    Answered . You should not be filing inadmissibility waiver without a competent immigration attorney on board. This is not a sale pitch, but an attempt to help you not have your waiver denied because you did not prepare or document it properly .

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  2. Fernanda Nunes Hottle


    Contributor Level 14


    Lawyers agree


    Answered . He must disclose his crimes, and they might require a waiver as well. There's no way of telling without reviewing his criminal records, though.

    Waivers are very complicated, and you should definitely hire an attorney. Attorneys charge differently, and you should consult with different ones before picking one to work with. You can go to to look for attorneys in your area.

    Do not file anything prior to retaining an attorney. The case could get a whole lot more expensive if an attorney is hired later on to fix mistakes that could have been avoided from the beginning. Good luck!

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client... more
  3. Peter Anthony Jabaly


    Contributor Level 16


    Lawyers agree

    Answered . Waivers are indeed very complicated and the need for one depends on a slew of factors so that you should consult privately with an attorney in a case as complicated as your fiancé's.

    The answer provided is for general information purposes and cannot be relied upon. In order to provide legal... more

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