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Results 1 to 6 of 6

Thread: I-601 waiver question to Mohan

  1. #1
    Guest
    I had violated voluntary departure in 95. Married to USC in 97, had marriage petition approved in Jan, 98. Applied MTR twice which never approved. Now I have left USA in 2002 and residing in Canada. Luckily I got somewhat break and had my 212 ( Permission to reapply after deportation approved) in Sept 2002. And, they forwarded approved 212 to Islamabad Embassy.

    My understanding is that my biggest hurdle is still I-601 ( Thanks to immigration 1996 reforms) waiver. I have applied for Application I824, APPLICATION FOR ACTION ON AN APPROVED APPLICATION OR PETITION so that my approved marriage petition could be transferred to Islamabad Embassy. I have applied 6 months ago and I am still waiting for it. My question is if it is still possible till I wait for this approval I can apply for I-601 in Canada. At least, I can visit US and visit my family. OR I should wait and apply I-601 with 145 package.


    At this time my major hardships are following.

    a) I have been in USA for more about 10 years. Now it is very hard for me not to visit my family and friends I have known in this time.

    b) My wife has been under neurological and physiological treatment for more than 2 years. And, because of her medical reasons she is staying with her parents in USA. And, we are currently separated because I can not go to US.

  2. #2
    Guest
    I had violated voluntary departure in 95. Married to USC in 97, had marriage petition approved in Jan, 98. Applied MTR twice which never approved. Now I have left USA in 2002 and residing in Canada. Luckily I got somewhat break and had my 212 ( Permission to reapply after deportation approved) in Sept 2002. And, they forwarded approved 212 to Islamabad Embassy.

    My understanding is that my biggest hurdle is still I-601 ( Thanks to immigration 1996 reforms) waiver. I have applied for Application I824, APPLICATION FOR ACTION ON AN APPROVED APPLICATION OR PETITION so that my approved marriage petition could be transferred to Islamabad Embassy. I have applied 6 months ago and I am still waiting for it. My question is if it is still possible till I wait for this approval I can apply for I-601 in Canada. At least, I can visit US and visit my family. OR I should wait and apply I-601 with 145 package.


    At this time my major hardships are following.

    a) I have been in USA for more about 10 years. Now it is very hard for me not to visit my family and friends I have known in this time.

    b) My wife has been under neurological and physiological treatment for more than 2 years. And, because of her medical reasons she is staying with her parents in USA. And, we are currently separated because I can not go to US.

  3. #3
    you still need I-601 for waive the excludiblity.
    I wonder when You already have your I-130 approved ,why you didnot file for AOS package( I-485).
    Hardship waiver only be filed when asked.First step for you is to file AOS package and then produce the Waiver 601.
    You violate V.departure in sept 95, you should check out the LAW IMMACT90.Consult an attorney who can easily figure out under which Immigration you fell regarding hardship , it will be easy to find out with your dates.
    this will change the whole scanerio for you.
    You will have 10 yrs bar still but hardship standard will be different.
    Its a discussion, not a legal advise..

  4. #4
    Guest
    There are two reasons why I did not apply AOS(i-485)

    a) Because I Vioalated VD and as default I had deportation order in effect.

    b)I have discussed with two attorney they both told me that once you have deportation order in effect i-485/245-i is not allowed.

    c) I entered without inspection.

    Now my question is even if I have violated in 95 but I stayed illegle till 2002. Am I still entitle to IMMACT90.

  5. #5
    you were here in US and you have outstanding deportation order, Yes , attorney is right in the case of I-485, INS/BCIS don't have jurisdiction over I-485, Only court will adjust the status and you can only file the I-485 with the court. If you entered inspected then 245i is not applied to you , regardless of deportation order. You entered without inspection and have deportation order , 245i is not for you either.
    Once alien agreed to Voluntary departure, he will be given time period to leave, this time period had no limit in prior to IRIIRA96. Its solely depends upon the Judge,but law is changed and this time has a limit cap now.
    Once the alien given time and didnot leave within given time then clock rolled back to the date of final adminstrative order entered.
    Lets say you got Voluntary departure in January with 6 months to depart, and you didnot leave, then final adminstrative order will be against you issue date in January, not the date of after six months. this makes your violation fall under IMMACT90. You still have the bar and all other good stuff, check it out with your attorney.
    Its a discussion, not a legal advise..

  6. #6
    Guest
    Thanks for your respond.

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