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Thread: I-601 Help

  1. #1
    As many of you may or may not know, my husband overstayed his visa. He left the USA of his own free will, but attempted to re-enter the USA LEGALLY after having left. He was stopped at the border and took voluntary departure. We were initially told that we needed to file the I-601 and the I-212 and we did so.

    However, I just received word that we were denied because my husband was ineligible to file the I-601. I have been working extensively on this case for almost three years, and at know time did I come across information that suggested that we could not file for a waiver.

    I happen to know that the immigration officer reviewed 100 cases in less than week (and ours was particularly lengthy) and therefore feel that he may have made a mistake. However, I am 4000 miles away and I am unable to actually make many of the necessary calls (although they WILL get done trust me!)

    Can anyone clarify this situation for me please!

  2. #2
    As many of you may or may not know, my husband overstayed his visa. He left the USA of his own free will, but attempted to re-enter the USA LEGALLY after having left. He was stopped at the border and took voluntary departure. We were initially told that we needed to file the I-601 and the I-212 and we did so.

    However, I just received word that we were denied because my husband was ineligible to file the I-601. I have been working extensively on this case for almost three years, and at know time did I come across information that suggested that we could not file for a waiver.

    I happen to know that the immigration officer reviewed 100 cases in less than week (and ours was particularly lengthy) and therefore feel that he may have made a mistake. However, I am 4000 miles away and I am unable to actually make many of the necessary calls (although they WILL get done trust me!)

    Can anyone clarify this situation for me please!

  3. #3
    Thank you for your response. However, I am a USC (born and raised Irish American, upper middle class, graduate educated, etc.) Therefore, I am the qualifying relative on the petition (I guess I should have clarified that ahead of time!)

  4. #4
    Hi Spouse,
    I can't believe what you are saying! I know that you are the one that presented the waiver for your husband but how can he not be eligible? As you know I am in the same case that he is! Have you ever posted on www.britishexpats.com? I find it a much better board.

  5. #5
    Oh Spouse, I'm so sorry about all of that
    Who told your husband he needed to file the 601? We received a request on letterhead asking for the waiver to be filled out and returned with the supporting documents at his K1 interview. I know that you have to be denied a visa first before you can submit the waiver. Is that how it went?

  6. #6
    Hi. Lost don't panic yet. We are still under the impression that there was a mistake or a misinterpretation. I am currently in touch with a lawyer, looking at the online laws, and my father is also examining the laws that he has printed off.

    We are thinking that perhaps it is somewhat unusual for a person to leave the USA under their own free will, and as we provided a great deal of information, it is possible that the person reading it became somewhat confused and believed that my husband and been deported previously. Assuming that is the case, we should be able to rectify the situation, and hopefully the delay won't be too bad, although with my luck they will probably make me file an appeal or something.

    Either way, I can deal with that, but I cannot deal with the possibility that he will be excluded from the USA for 10 years with no chance of appeal based on the fact that he left the country of his own free will, and attempted to rectify the illegal situation. He was young, ignorant and stupid... not criminal.

    Of course the worst thing is that we would have to live with the knowledge that we could have married under 245i and everything would have been fine.... aaaaaaaagggggghhhhh oh well I am going to head back to work on this to see if I can make heads or tales of the situation and I will definitely keep everyone posted!

    And no someone... he never tried to pass himself off as a USC... and I couldn't even begin to imagine him as a terrorist or drug or people traffiker... he has never taken any drugs, disapproves of them completely, and is not even willing to drive over the speed limit! So I am pretty sure that there has to be a confusion, and we just need to find out exactly where it is!

    Oh well, back to work!

  7. #7
    Hiya Lonely in the USA! Yes, we were denied the visa, and we were told at that time that we would have to file the I-601 and the I-212. They also said that if those were approved we would be able to reapply and my husband would be able to eligible to receive the visa...

  8. #8
    I hate to hear that spouse.Please share any new info with us.When exactly did you file and where?

  9. #9
    Hi. I filed in Guayaquil, Ecuador in March of 2003. However, I submitted additional material in August, at which point they promptly lost any record of having received the original information in March.

    From what I can tell it appears as if they are finding my husband ineligible according to Act 276, however that act does not apply to him.

    Therefore, I am desperately seeking other areas with similar laws which could cause him to be found ineligible to apply for the waivers... if in fact they exist.

    Does anyone know how to contact Mohan, he often tends to have a good idea for where to look in regards to legal information.

    Thanks for your help and support!

  10. #10
    hi,
    Here I,m.
    I recall my self. I offered you my help previously too, which was declined by you because your father and the attorney was working togather on this waiver.. any way.
    I have little doubt before asking thing else, (I,m just guessing, correct me if I,m wrong)) your husband took Voluntary departure on his second entry right? Means that he tried to entered second time If yes then he was put into expedite removal and he was offered two choices.If this is your case then, he will be bared to get relief for five years.
    if this is not correct then post the actual letter from INS . I want to know the VD decision.
    Its a discussion, not a legal advise..

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