Experts!? Waiver when out of status w/expired passport

[frontera]

Could anyone please clarify this complicated situation?

I (USC) want to marry my fiance


She was sponsored by her govt in university subj to 212e according to her iap-66

after school she applied to waiver... got Dos case number (have letter) and had the Malay embassy send the no obj letter to the agency (we have a copy).
At this point she stopped the process and did not file further.
(i checked dos website using the case number - no info on the case)

Some time after she became out of status (7 years now). As i understand she is not accumulating any unlawful presence (according to pianoplayer) because she has D/S on her j-1.

Her passport expired in 2002.

Is the no obj waiver possible in this case? what are the possible obstacles?

I would greately appreciate knowlegeable input on this.

 

[jk0274]

I would say that obtaining a waiver while in the US is next to impossible in this case. The first thing she should do is attempt to obtain a new passport from her embassy. Afterwards, talk to a lawyer. She may have to leave the country before applying again for a waiver (which one can do if one wishes). Or she can hire a lawyer in the US to do the waiver while she waits abroad. I cannot fathom a situation where the DOS will process a waiver of an individual who is triple-count out of status (1- not in her program, 2- overstayed the duration of her DS-2019/IAP-66, 3- let her passport expire). That she has not been yet deemed to be unlawfully present is her only asset, and that's something she should try to hold on to.

 

[frontera]

Thanks for your input.

However, it seems to me that you might not possess enough information to help me out here...

The waiver cannot be processed without a valid passport? is that what you are saying?

 

[jk0274]

Thanks for your input.

However, it seems to me that you might not possess enough information to help me out here...

The waiver cannot be processed without a valid passport? is that what you are saying?

If I had enough information, I'd work as a lawyer myself!

What I am saying is that the DOS requires a copy of your valid passport as part of the waiver application. If you submit a copy of an expired passport, or do not submit it at all, the DOS will most likely request that you send them a copy of a current valid passport. Your application will otherwise be incomplete and will not be processed.

Having your passport valid at all times is a requirement for remaining in status when you are here on a nonimmigrant visa. But separately, a copy of your current valid passport is also part of the J-1 waiver application. The DOS Waiver Review Division routinely sends out notices of incomplete applications when a required application item is missing, and will probably do so in this case.

If you can re-activate her old waiver case - or start a new case - once you obtain a new passport from her embassy, the DOS may adjudicate the case and issue a recommendation. Then it will go to USCIS, where her legal status and all of that may be scrutinized more closely than at DOS (even though in at least one case - LucyMO on these forums - the DOS did ask her for proof of legal status).

Although I may not possess enough information, I don't think you will find much more information for your problem on a forum such as this. Your case definitely warrants the intervention of a lawyer, in my opinion.

Good luck.