Immigration Site

I need advise on what I should do in this situation

I have recently gotten an approved I-130 based on a USC Father and now waiting for the interview to be scheduled in Montreal, Canada.

I was granted voluntary departure by a Judge in 2005 and have been out of the country for almost six years now. Since I have over 10 years of unlawful presence in the US, I have been advised that a 10 year bar would possibly apply to me...

I know that if a bar applies to me, I can appeal it. However the chances of a waiver being granted are slim as I understand it.

My questions are:

1) If a bar appies to me and my waiver is unsucessfull what happens then? Does that I-130 die and I have to start from scratch again?

2) Would it be possible (and advisable) to delay my interview for a few years to when I am closer to the 10 year mark? This way the bar does not apply...

I would appreciate any comments, advise and suggestions.....

If cost is not an issue, you can try for the waiver. If it is denied. A new I-130 would probably be needed in the future as the DOS would cancel it after a while. Check the Visa Bulletin for your category and try to get dad to time it just right.

Thanks for the response

I have decided to go through the appeal route if the bar is applied to me. I am in the process of selecting a lawyer to help me dradt my waiver application and was hoping you would have some lawyer suggestions. Do you think I should take the waiver with me when I go for the counsular interview?

This link shows accredited representatives and recognized organizations that provide low cost or free legal help: http://www.justice.gov/eoir/statspub/raroster.htm

This link shows people to avoid: http://www.justice.gov/eoir/profcond/chart.htm

This is a link to AAO Decisions on similar waiver applications: http://www.uscis.gov/portal/site/usc...%289%29%28B%29 Look at 2010 Decisions.