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Importance of April 1, 1997

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  • Importance of April 1, 1997

    My husband received an advance parole in 1997 and 1999 and the following statements (see below) were on the document. The INS has now pointed out to us that he is inadmissible and requires the I-601 waiver. My question: does the time counting towards unlawful presence start April 1, 1997, or can it start earlier (say from the day overstayed your visa)? Is the importance of April 1, 1997 whether you filed your application for adjustment of status before or after that date?

    "Notice to Applicant:
    Presentation of this authorization will permit you to: resume your application of status upon your return to the United States. If your adjustment application is denied, you will be subject to removal proceedings under section 235(b)(1) or 240 of the Act. If after, April 1, 1997, you were unlawfully present in the United States for more than 180 days before applying for adjustment of status, you may be found inadmissible under section 212(a)(9)(B)(i) of the Act when you return to the United States to resume the proceedings of your application. If you are found inadmissible, you will need to qualify for a waiver of inadmissibility in order for your adjustment of status application to be approved."

  • #2
    unlawful presence begins to accrue from Apr 1, 1997 to the present. unlawfule presence prior to Apr 1, 1997, is not part of the IRIIRA laws that took effect Apr 1, 1997.


    • #3
      I do not understand then why my husband is having to complete the I-601. Here are the facts: he enter the US legally in Dec 1992 the a 6 month visa, H-1 I think. We married in June 1997 and filed his paperwork then (on 6/27). So, from April 1, 1997 to June 27, 1997 is the period I would count for unlawful presence. However, the INS thinks otherwise and is counting the time from June 1993 (6 months past Dec 1992) to June 27, 1997. They said since we filed after April 1, 1997 this law apples to us. I have spoken with 2 lawyers and they agree with the INS. Does anyone have any proof/support that time prior to April 1, 1997 does not count towards unlawful presence? I do not understand why the INS is interpreting April 1, 1997 as the cut-off for when you filed.


      • #4
        your husband overstayed his status. when he was out of status he is deportable and will be bared to enter back if more then 180 days and less then year then 3 years and if more then year then 10 years. Now the question is when it happend.? if he got deportation before april 1st 1997 then he will be eligible for waiver with respect to old LAW of IMMIGRATION ACT of 90( IMMACT90)IF his deportation is after april 1st 1997 then he will need a waiver with respect to IRRIRA of 1996.

        IMMACT 90 has less harder then IRRIRA of 1996. there are many clauses which is not applied to IRRIRA. For example., in IMMACT 90 hardship can be proven to alien as well as to USC but under IRRIRA hardship, only ment for USC. One example is enough for


        • #5
          I understand that my husband overstayd his visa and is subject to the 10 year bar because of the advance paroles. What I don't understand is why we are hearing about this now. We filed in 6/97 and until 4/03, everything was progressing..albeit slowly. The INS told us that his visa overstay would be forgiven (since I am a US citizen) had he NOT left the US with those advance paroles. So are you saying that the advance paroles have nothing to do with it?
          many thanks


          • #6
            My husband has not been deported--the mention of deportation came up on 4/03. If the I-601 is not approved they said he will be deported.


            • #7
              This has to come up. He is overstayed and .once alien overstay he is subject to deportation. and there is a procedure to deport the alien. NTA issued and master hearing etc, He didnot got caught means he was not in the process to deportation but he was subject to deportation. to clear the deportation you need the waiver. waiver will not be hard because no NTA was issued but procedure to AOS must be followed.


              • #8
                Sorry, but what does NTA stand for?
                The INS does not forgive his visa overstay because it happened prior to the filing of his adjustment of status?
                Also, it sounds like you do not think the waiver will be difficult to get???
                You are so, so, so helpful!!!



                • #9
                  NTA = Notice to appear.
                  Forgiveness does not come by saying. waiver is forgiveness. overstay in the past still stand unless waiver is obtained.


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