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Virginia Beach, VA |

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

waiver i need not for overstayed, but for one stupid arrest without any trouble after that. but police took my fingerprints..probably i have to have waiver

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Attorney answers 4


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.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


You may be inadmissible. Your arrest may be problematic, but that's unclear from the facts as presented. It isn't, therefore, clear whether you need a waiver. Speak with an attorney. Many will offer free initial consultations.

The answer provided is for general information purposes and cannot be relied upon. In order to provide legal advice, one must engage with a live attorney; this answer does not create such attorney-client relationship.


Mr. Maina is absolutely right. By all means consult an immigration attorney to determine whether you have any inadmissibility issues prior to filing anything with the USCIS.


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.

This is general information, not legal advice, and does not create an attorney client relationship.

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