I-601 Confusion

[Laura & Lyle 0]

Hello,

We are anticipating that we may have to file an I-601 due to denied entry. We are trying to be proactive and have it ready should it be deemed required at the interview.

My problem with it is that it is based on hardship to the petitioner which the only hardship we will be able to justify if she is denied a visa is I will have to sell everything here and move there and find employment there. There also does not seem to be anywhere on the form to refute claims of the reason for denied entry.

Any insight from others with past experience would be very much appreciated.

[Stinky Monkey 1]

As far as I am aware being denird entry has no effect on the K1 process

I know a few people that have been denied entry on a visit and they have still received their visa

Good Luck

[Boiler 45,525]

Usually you are allowed to withdraw your application to enter, so no waiver.

As no reason is required to deny entry there is nothing to refute.

[YuAndDan 153]

If you were denied entry, or visitors visa because immigrant intent was suspected, this wont be an issued for a K-Visa, the K-visa has immigrant intent.

If you were denied due to other reasons of inadmissibility then you may have to file a waiver at the request of the interviewing officer.

Question, what was the reason for denial of entry??

Moving to "Waivers (I-601 and I-212) and Administrative Processes (221g) " Forum.

[emt103c 10]

Under what sections of law and using what terminology/paperwork was she denied entry?

As one other member said, if she simply withdrew her application there would be no waiver needed. If she was "removed" or if she had immigration charges against her it is another story. There are also two different waivers to consider.

If you give us more information we can probably tell you definitively what she is going to need.

If you don't wish to disclose the information here, there are two very good waiver attorneys who will be straight with you about which waiver you do or do not need to file. Don't trust just any random immigration attorney. . .they don't all know about waivers.

www.visacentral.net

www.humanrightsatttorney.com