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  • 601 waiver

    My wife entered (EWI) U.S. in November 2007.In March of 2008 she applied for religious asylum from China. She was denied asylum mainly because she could not prove she filed within a year of entering U.S., but granted withholding of removal. I filed I-130. It was approved. She is not eligible to adjust to perm resident due to having entered EWI. One attorney tells we can file 601 waiver and interview in U.S. another says 601 interview has to take place outside U.S. and risks not being allowed reentry. Can anyone offer us advise?

  • #2
    My wife entered (EWI) U.S. in November 2007.In March of 2008 she applied for religious asylum from China. She was denied asylum mainly because she could not prove she filed within a year of entering U.S., but granted withholding of removal. I filed I-130. It was approved. She is not eligible to adjust to perm resident due to having entered EWI. One attorney tells we can file 601 waiver and interview in U.S. another says 601 interview has to take place outside U.S. and risks not being allowed reentry. Can anyone offer us advise?

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    • #3
      yea...stop marrying border jumpers. All they want is a green card, and their first step after their phony asylum claims are denied is to ransack the nearest trailerpark and find the biggest loser.....guess she succeeded.

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      • #4
        You can file here, but you will probably be required to file for an immigrant visa overseas. You can do it in Canada or Mexico with another waiver of the requirement that she file in the country of her citizenship. In any event, if she returns to China for the immigrant visa interview and processing, I doubt if the Chinese government will do anything.

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        • #5
          Thanks Federale. Would this be risky. what if she cannot get the Visa. We would not do it in China. We would look for another country.

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          • #6
            Another country , yes the bible talks about another country ,Heaven ! Be faithful !

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            • #7
              Regardless to the waiver, She entered EWI. she cannot be adjusted withing United states. There is one and only one way let within 8 C.F.R for illegal entry to get adjusted within US. and she is not qualify for that.
              she has to go out and do DCF. Just an advise as she is from china. Attorney should file the joint motion and get her V depart so she can save herself for one waiver while coming back. otherwise she needs severe hardship to USC/LPR.
              Its a discussion, not a legal advise..

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              • #8
                even the trailer dweller is looking for loopholes....is it absolutely impossible to obey our laws? Or does your deity-of-the-day make some dogmatic claim to the contrary? (and accepted by brainwashed morons)

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                • #9
                  A 601 is always available for a spouse of a USC. You may need to contact your Senators to make sure it goes through. It will unless there are criminal convictions or terrorist related issues.

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                  • #10
                    sorry Fed, but senators do NOT adjudicate waivers nor can they lawfully influence the outcome of a waiver request....

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                    • #11
                      well well well , ignore this Cucaracha ( someone12 ) he is an illegal alien himself . that second attorney is an idiot , she can't adjust her status in united states , do not contact this guy again .she has been in the country for more than 1 year so she is facing the 10 year ban . if you don't want her to go back to china you can always go to the mexican consolate and get her a tourist visa and after that you can request fm-3 status in mexico ( you must obtain the tourist visa first ) because mexico will not process the case unless she has legal status in mexico so that is not a problem , and also mexico process the 601 waivers super fast (sometimes 1 week ) . try to get that before the national visa center stage . you need to prove extreme hardship , if you guys have kids together , medical issues , financial , etc... get all this together before you get to the NVC stage and good luck . or just wait , they may change the immigration law sometimes soon

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                      • #12
                        like mike2007 the enema bag cleaner has a single clue about U.S. immigration law....but the OP has already demonstrated his double digit intellectual quotient by marrying some illegal desperate for a green card, so go ahead and follow mike2007's 'expert' advice.

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                        • #13
                          hey s12, do the world a big favor and hang yourself

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                          • #14
                            you have removal pending against you, waiver will not work for you as you are already removed. you rem oval is on hold because your country conditions are not suitable for you at this time. once your country condition changes ( if it ever changes) USCIS will physically remove you. till then you are on hold. Next you are married to USC and have approve visa petition. Once you are qualify for cencellation based upon the condition of Cencellation of removal, you can file joint motion based upon married to USC and entered into marriage in good faith ( USCIS recognied your marriage prima facie eligiblity) , you also have Withholding of removal, therefore good attorny will easily can convince the USCIS attorny for join the motion and you can adjust on cencellation. you main goal is 10 years physical presence before the NTA, and NTA stops your physical clock running, your attorney should keep in mind that physical clock once stop does not mean its stop for ever. Clock starts again for many reasons. ask your attorney to explore this option.
                            Waiver 601 route means you need to remove your self first and deal with 10 year bar. you have withholding use it in right way.
                            Its a discussion, not a legal advise..

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                            • #15
                              Cancellation of removal requires a very high standard and nothing you have mentioned suggests that this would succeed.

                              I guess it depends if she wants to stay in limbo land, sounds like it may not be a problem.

                              As she EWI'd she can not adjust in country. Usually Consulates will only deal with those resident in that country.

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