Quote:
Originally Posted by glacier1985
His category was EB-1 "Alien with extraordinary ability." I tried to request the labor certificate from the Department of Labor, but they said that they don't keep records that far back. We could certainly dig up the old records to show that he was paid well back then; I'm afraid it would be a long stretch. What type of finagling can we do at this point? If worst comes to worst, I would just wait for my wife to get her green card and then sponsor me, This would be a 6 years process since I was born in China, and it seems there is a long waiting queue for China. Going down this path I believe I would have to file a 601A waiver since I entered legally but overstayed. Have a lot of people gone through this route and successfully obtained the waiver?
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If it's an EB-1 then there's no labor certification.
Do this instead.
Have your wife adjust on her own. Then once her I-485 is approved she will file I-824 on the I-140 to classify you as a follow to join (option 1.c.), do denote that your immigrant visa will be charged to her country of birth which will let you skip over the backlogs for China-born.
Then once USCIS processes that and NVC sends you the documents you will pay the DS-260 filing fee and file I-601A.
Once the I-601A is approved, you will file DS-260, get your interview date, depart, and return as an LPR.
I-601A isn't too difficult just for an overstay. The statute does say "extreme hardship" but in all reality it's something that can be argued in most cases and is more just weighting the good vs the bad.
I would recommend getting a lawyer since I don't recommend DIYing waivers, especially that a lawyer will know what to focus on.