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Overstayed due to misguidance now going for I-130 interveiw

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waiz
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Joined: Wed Oct 15, 2008 11:26 am

Overstayed due to misguidance now going for I-130 interveiw

Post by waiz » Wed Oct 15, 2008 11:31 am

I have been called for interveiw for fourth catagory Family based immigration on 22 October 2008, But I have an Overstay history in 2003 (Went to US on B-2, then before expiry of I-94 L-1 petition was filed but when I went to register with INS they said I was out ouf status, though I was told by my attorney that I am in status till the L-1 petition results, even than I was put in removal proceeding and I took Voluntary departure to Pakistan before the final conclusion of my proceeding in 2004). I also have a 5 year old US born (Citizen) daughter

Now my questions are:

1) do I need to file I-212 waiver or I-601 or both and do I need to file them for my wife also (she was not included in removal proceeding but was present in USA with me)?
2) what is the procedure to file waivers? and how long does it take to get results?
3) If approved do I need to get the medical tests again? and also submit the immigrant visa interveiw fee again?
4) since when should I count my overstay from the date of my I-94 expiry to my departure? or till the date I went for registration and was told by the INS that I am out of status?

Please also advise that "what are my chances?":

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