I’m from Belgium, and am married to a U.S. citizen. We applied for my green card last year, and I filled out all the forms and went to an interview, but the U.S. consulate discovered that I am inadmissible because I overstayed my H-1B visa by seven months before leaving the U.S. to attend my consular interview. I have filled out Form I-601, and I wrote a letter explaining that I would suffer extreme hardship if the immigrant visa were denied, because my American wife would have to stay in the U.S. in order to keep her job (she works in a high-tech field that basically doesn’t exist in Belgium) and to care for her elderly mother, who lives with her. But the consulate just sent me a letter saying they need more evidence. What’s the holdup here, and how can I get my green card granted?



There could be a number of reasons that your I-601 request for a waiver of inadmissibility hasn’t yet been granted, but here are the main ones that pop out from your letter:
Don’t give up – the letter from the consulate means you still have a chance to prove your case. But you were likely given a deadline to act, and should make sure to provide a full package of convincing documentation within that time. Getting help from an experienced U.S. immigration lawyer is your best bet. For more information, see Nolo’s articles on “Inadmissibility and Waivers.”