Interview GC denied - Waiver section 212 (a)(9)(B)(i)(II)

[raphaelcan]

I went to the USA in 2007 with the J-1 visa, but I overstayed my visa for 3 years, I returned to Brazil in May 2012.
In 2015 I got married with a green card hold, so in 2016 we start a process (I-130) for me to get the green card.
Last week I went to my green card interview, but the consul didnt approve and said that I need to do the waiver, based on section 212 (a)(9)(B)(i)(II) (Were unlawfully presente in the USA for 365 days or more, considered inadmissible for a period of ten years after subsequent departure from the USA).
But there is a lawer saying that even though I do the waiver process (I-601), it's going to be denied again and I'll only be able to get after the 10 years have pass.
Can anyone tell me if this is true or if I can continue with the waiver process that there is a possibility that I get approved before May 2022. Does anyone know who had the waiver approved in a case the same as mine?

[a1k405996]

I went to the USA in 2007 with the J-1 visa, but I overstayed my visa for 3 years, I returned to Brazil in May 2012.
In 2015 I got married with a green card hold, so in 2016 we start a process (I-130) for me to get the green card.
Last week I went to my green card interview, but the consul didnt approve and said that I need to do the waiver, based on section 212 (a)(9)(B)(i)(II) (Were unlawfully presente in the USA for 365 days or more, considered inadmissible for a period of ten years after subsequent departure from the USA).
But there is a lawer saying that even though I do the waiver process (I-601), it's going to be denied again and I'll only be able to get after the 10 years have pass.
Can anyone tell me if this is true or if I can continue with the waiver process that there is a possibility that I get approved before May 2022. Does anyone know who had the waiver approved in a case the same as mine?

Hi.. i'm not a legal expert.

but i think waiver helps incase you were waiting for any pending immigration results during the period you overstayed.. or any sort of acceptable reason for your overstay. Simply overstaying is not acceptable knowing all the intricacies of visa process. So yes there is a good possibility waiver might be useless if your reason for overstay is not acceptable.

Regards
A1K