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I-601 and extreme hardship: strategies

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  • #16
    Marrying a U.S. spouse should not affect eligibility for a waiver in negative ways. Actually, some waivers are available only to immediate relatives.

    You should consult with a lawyer if you have questions, this is not legal advice. Always look for a professional opinion instead of relying on discussion groups and forums.

    -THIS IS NOT LEGAL ADVICE-

    Comment


    • #17
      For both the I212 (for deportation) and the I-601 for his inadmissibility issues, you can only use hardships suffered by a USC spouse, USC fiance, USC parent or USC child.
      Need more information, but sounds like the previous poster will need both the 212 and 601.

      Comment


      • #18
        The 601 is available to spouses eligible for adjustment with inadmissibility issues without having to leave the U.S. The 212 requires, generally speaking, the spouses to leave and apply from a consulate at a foreign country.

        The OP should consult with a lawyer or an immigration official before making a decision, this is not the place to seek legal advice.

        -THIS IS NOT LEGAL ADVICE-

        Comment


        • #19
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Houston:
          The 601 is available to spouses eligible for adjustment with inadmissibility issues without having to leave the U.S. The 212 requires, generally speaking, the spouses to leave and apply from a consulate at a foreign country.

          The OP should consult with a lawyer or an immigration official before making a decision, this is not the place to seek legal advice.

          -THIS IS NOT LEGAL ADVICE- </div></BLOCKQUOTE>

          My brief comment was in no means meant to be all encompassing, neither was it intended by any far stretch of the imagination to substitute legal advice. I agree that advice from an attorney knowledgeable in the 601 and 212 waiver process is a must.

          The I-601 waiver covers a multiplicity of inadmissibility issues, including fraud or misrepresentation, unlawful presence, CIMT's etc. The 601 CAN be filed in the US, IF THE ALIEN IS STILL IN THE US, but most 601's are filed and adjucated through foreign consulates, when the alien is requesting entrance or re-entrance based upon inadmissibility (see above).


          The immigrant must meet many qualifying factors (including having a qualifying relative) for proving extreme and unusual hardship, or for proving rehabilitation of the alien for CIMT's. Dependent upon the offense, the alien may use the following USC's to serve as a qualifying USC relatives for his/her waiver: spouse, fiance, child or parent.

          The 601 waiver process is complicated and one cannot possibly determine if one qualifies for which waiver, especially from the information given from these previous posters. My input was intended to be general in nature, dependent upon the circumstances of the individual case.
          Correct, the 601 addresses the above inadmissibility issues. All 212 waivers are filed overseas, as they address an alien's deportation and request back into the country.

          I-601= for inadmissibility, may be filed in the US or overseas

          I-212= deportation, filed overseas

          EACH WAIVER HAS CERTAIN CONDITIONS AND QUALIFYING RELATIVES THAT MAY BE USED, DEPENDENT UPON THE OFFENSE.


          "Who Is a Qualifying Relative?

          .... So who is the qualifying relative? It depends on the ground of inadmissibility. A waiver for prior unlawful presence (INA 212(a)(9)(B)(v)) or misrepresentation (INA 212(i)) requires it to be established that "the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spousese or parent of such alien," whereas a waiver for criminal history (INA 212(h)) requires it to be established "that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien." A US citizen fiancé(e) may also be a qualifying relative [9 FAM 41.81 N9.3(a) and 8 CFR 212.7(a)(1)(i)]. For the purposes of this memo the Application for Waiver of Grounds of Inadmissibility will be referred to as an I-601."

          Hope this clears this up.

          Comment


          • #20
            Here is another link from the adjucator's manual in all US foreign consulates. it talks about processing the 601, 212, and proper procedure in making a decision on these respective waivers.

            Processing waivers overseas

            Comment


            • #21
              You need to be clear that I-601 waivers may be filed and adjudicated without the alien having to leave the U.S. in adjustment of status cases. The same cannot be said about the I-212.

              In the case of misrepresentation, criminal matters or health-related matters the I-601 may be filed by the immediate relative of a USC without the alien having to leave the United States if the alien entered the U.S. legally and is eligible for adjustment.


              That was the difference I was trying to highlight.

              -THIS IS NOT LEGAL ADVICE-

              Comment


              • #22
                There has already been too much discord transpiring on here lately. I personally can't take it anymore especially when a disagreement is between two posters who are both dear to me.

                I-212 is always filed when the alien seeking advance permission is outside of the US. If on US soil it could be filed prior to departure, but still it's required for the consular visa process.

                I-601 could be filed either the alien is inside or outside.

                What Houston, I think, is saying is that I-601's flexibility is not true with I-212.

                Bottom line, there's no point of contention.

                Comment


                • #23
                  That's exactly my point, RN. But there's some interesting case law about CFR and the INA that could help some applicants in certain circuits to process their 212's in the U.S.... We'll just have to wait and see.

                  -THIS IS NOT LEGAL ADVICE-

                  Comment


                  • #24
                    Do you mean the November 30, 2007 Ninth Circuit Court of Appeals decision in Duran-Gonzal e z v. DHS in favor of the government? Oh boy, but this happened to vacate the preliminary injunction that protected I-212 applicants in the Ninth Circuit. And although the decision will not take effect until the mandate is issued on January 22, 2008, the long-standing Perez-Gonzal e z v. Ashcroft is no longer the law of the circuit. Yeah, let's wait and see because the attorneys for the class action plaintiffs in Duran-Gonzal e z are planning to file a petition for rehearing before the issuance of the mandate so in effect it maybe stayed. It may be an uphill climb, but there's still hope.

                    Comment


                    • #25
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rough Neighbor:
                      There has already been too much discord transpiring on here lately. I personally can't take it anymore especially when a disagreement is between two posters who are both dear to me.

                      I-212 is always filed when the alien seeking advance permission is outside of the US. If on US soil it could be filed prior to departure, but still it's required for the consular visa process.

                      I-601 could be filed either the alien is inside or outside.

                      What Houston, I think, is saying is that I-601's flexibility is not true with I-212.

                      Bottom line, there's no point of contention. </div></BLOCKQUOTE>

                      Agreed. Don't fret RN, I respect Houston, just wanted to elaborate a little for the OP.

                      Comment


                      • #26
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Houston:
                        You need to be clear that I-601 waivers may be filed and adjudicated without the alien having to leave the U.S. in adjustment of status cases. The same cannot be said about the I-212.


                        Agree, read my post above, no point of contention.

                        In the case of misrepresentation, criminal matters or health-related matters the I-601 may be filed by the immediate relative of a USC without the alien having to leave the United States if the alien entered the U.S. legally and is eligible for adjustment.


                        Agree as well. No point of contention.


                        That was the difference I was trying to highlight.

                        -THIS IS NOT LEGAL ADVICE- </div></BLOCKQUOTE>

                        Comment


                        • #27
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Houston:
                          That's exactly my point, RN. But there's some interesting case law about CFR and the INA that could help some applicants in certain circuits to process their 212's in the U.S.... We'll just have to wait and see.

                          -THIS IS NOT LEGAL ADVICE- </div></BLOCKQUOTE>

                          Yes Houston, I am familiar with the new case law.
                          Strictly procedurally sppeaking, some alien's are now being required to submit their 212 applications from the USCIS office at the US city of deportation now, if they only need a 212, not 601, which is rare. I was only trying to simplify the procedure for the OP. I thought you were trying to say that the 601 could not be filed from foreign consulates. Sorry for the misunderstanding. I read over your last postings and we agree.

                          Comment


                          • #28
                            For the OP's:
                            This link may be helpful in clarifying this advanced topic. It is an 8 minute video presentation of the waiver process. It does not cover all circumstances and legal advice is always recommended when attempting to file a waiver of any manner. The process is complex (as you have seen here from those WHO ARE FAMILIAR WITH THE PROCESS) to say the least.

                            http://www.youtube.com/watch?v=w4wpO...eature=related

                            Comment


                            • #29
                              Thank you very much for everything.I thought when he apply for 601 waiver and is approve, the deportation is cancel and he can get a green card.But ,probably this is not going to be easy. For example, if he is going to get approve for 601 in the USA, what is the next step?
                              Does he has to go back in his country and how long he need to stay there?Thank you

                              Comment


                              • #30
                                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by display)name:
                                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">re O-J-O-, 21 I&N Dec. 381 (BIA 1996) </div></BLOCKQUOTE>
                                My boyfriend had a deportation in 1997.then he appelthe deportation ,and in 2003 immigration judge denied his appel again .What he can do now? his father just become permanent resident.Can he appled for waiver under his father?Does he has to be married to us citizen when he'll applie for waiver or no? </div></BLOCKQUOTE>


                                I had to go back and re read your original question. If your boyfriend overstayed a deportation order, he is going to have to go back to his country of origin, if he wants to correct his US status.

                                In my opinion, being married to a USC will strengthen his 212 and 601 waiver case, but not much because he will have married the USC just prior to the leaving the country.

                                Do you have children together?

                                Either way, he will need 2 waivers, and you will need to consult with an attorney before you do anything.

                                Scroll up a few postings, I provided a link to an informational video by the writer of this article, attorney Laurel Scott, and it goes into advanced topics, such as you are describing.

                                Comment

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