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I went to USA in 2001 on visitor visa and over stayed. was put under removal proceeding. left usa in 2007 on my own. Now I am st

Indio, CA |

staying in india for the last 7 years. now i intend to visit usa to attend marriage. How can I apply for waiver off while living in india

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Attorney answers 3


You yourself cannot apply for any waiver. Only a qualifying relative, I.e. a US citizen spouse of yours can apply for an extreme hardship waiver on your behalf.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


You have to look into the outcome of the removal proceeding. Did they order removal in abstencia, without you being present? Or,did you accept voluntary departure? Also, the amount of time that you overstayed is relevant given that this would be the basis for the 3 or 10 year bar.

I suggest that you consult with an attorney for a response more tailored to your set of facts. More information is needed.


I agree with Ms. Morfa. You don't provide quite enough information. You will probably need a =b "unlawful presence" waiver filed by a spouse or parent. Hire a lawyer to investigate your case - he/she can do it remotely. First step will be to file a FOIA request to get your old papers so that the lawyer fully understands your old case.

Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.