Are Forms I-601 and I-212 enough to allow me entry into the U.S. or must other waivers accompany them also?
My husband suffers from frailty and needs me to return to the U.S. to be his caregiver. I was deported for illegal entry and criminal convictions three years ago. Will both Forms I-601 and I-212 be enough to allow me re-entry or do we need to file additional waivers?
It seems to me that your husband would also have to file an I-130.
(And you regulars need to step up and tell me if I'm wrong.)
-------------------- "I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. " - Thomas Jefferson
Posts: 775 | Location: Las Vegas | Registered: 05-16-2008
Can I ask you some questions? Why did youget deported??? was it because you entered illegal OR criminal convictions??? What status did you have prior to be deported?? Where are you from???
You will need a good waiver, with alot of evidence to show that your husband needs you in the U.S. and that he can't move to your country. Since you have a criminal conviction you are going to have a harder time getting the waiver. You have to be able to show that you have reformed. Which country are you in?
******************************************** I am not a lawyer! I don’t give legal advice! I just state my opinion!
I got deported for violating probation repeatedly and I was adjusting my status prior to being deported. I’m from Nicaragua. I signed to be deported and quit fighting my case in the U.S. as the attorney suggested and my husband and I did abandon our case a year ago but since have decided to give it another go.
Also, can someone please, tell me if the Waiver of Inadmissibility, to receive Relief from Deportation the same as Form I-601; Application for Waiver of Ground of Inadmissibility, to apply for re-entry after deportation? I haven't got around to researching Form I-601's requirements yet.
I do have several convictions for possession of controlled substances of more than 30 grams of marijuana but I wasn’t charged as a drug trafficker, but a drug user instead. And I know one of the requirements of the Waiver of Inadmissibility is no conviction for possession of controlled substances of more than 30 grams of marijuana but I don't know if it's an Application for Waiver of Ground of Inadmissibility requirement also.
sheesh....why oh why does the US of A need another druggie? And let me guess....there's at least a 30 year age difference between these two....she no doubt watching the sands of time drift downward, circling like a vulture, waiting for the last grain of sand to drop.....well, I for one do not want you taking up valuable real estate or oxygen in MY country....stay in Nicaragua, deal your drugs, have a nice <sniff sniff> day.
As I recall, she stated she'd been clean for 3 years. Of course, the biometrics will confirm that, but really - you could give her the benefit of the doubt.
-------------------- "I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. " - Thomas Jefferson
Posts: 775 | Location: Las Vegas | Registered: 05-16-2008
The way it works.. well, I won't say how it works, too many would take advantage of it, but in general you are more likely than not to succeed unless you have done everything possible to ruine your chances to make it. And then you have only yourslef to blame.
Read instructions, stick to facts and only facts, list those and hope for the best. They will approve it unless what I wrote above applies to you.
I honestly think you are in BIG trouble and wasting your money, I really hope to be wrong for your own good... but I don't think they want people like you here... sorry, but you got yourself into this, I know I sound negative, but it's more realistic... Wish you the best luck!!!
Originally posted by OldE: The way it works.. well, I won't say how it works, too many would take advantage of it, but in general you are more likely than not to succeed unless you have done everything possible to ruine your chances to make it. And then you have only yourslef to blame.
Read instructions, stick to facts and only facts, list those and hope for the best. They will approve it unless what I wrote above applies to you.
Good luck, E.
What is “everything possible to ruin my chances to make it� This is my first experience like this one with immigration. Before that I resided in the U.S. nearly 30 years as an illegal alien and had no problems. I committed a mistake.
I guess what I’m wondering is if the I-601 itself will waive my drug convictions, that is if I make a good extreme hardship presentation, or will the I-601 be rejected even with a good extreme hardship presentation because convictions for possession of controlled substances of more than 30 grams of marijuana are unwaiverable with the Waiver of Inadmissibility - to receive Relief from Deportation. I still don’t know if they’re one in the same: Waiver of Inadmissibility, to receive Relief from Deportation and Form I-601; Application for Waiver of Ground of Inadmissibility, to apply for re-entry after deportation. In which case my drug convictions would still remain unwaiverable if both waivers were the same. Or did my status or the logistics of the Waiver of Inadmissibility change and become less severe after my deportation, allowing me to become eligible for a waiver for my convictions for possession of controlled substances of more than 30 grams of marijuana with Form I-601; Waiver of Ground of Inadmissibility? Which are the facts here? For all the research I’ve done these past three years since my deportation I’m more confused than ever.
Based solely on your assessment, I say I am more likely than not to succeed.
If what you were convicted of falls under Section 237 then you may be subject to permanent bar. Theoretically AG has power to overrule and grant waiver under almost any circumstances (The President can waive under any), but practically it means you won't get one.
Now, am not familiar with your case, nor am I a practicing immigration or criminal attorney, if your case is complex you should seek the assistance of licensed lawyer in good standing.