I-601 Questions

[Xachore 0]

I've been out of status for a long time because we've been saving up the funds to file for the Adjustment of Status papers, and I think I may need an I-601, in the check list it says that the I-601 is free if filed with an I-485 but I do not see this anywhere in the instructions. So I just wanted to post this here to make sure.

[Otto 83]

**Moved thread from AOS/Student-Tourist to Waiver/I-601 forum where it may be more appropriate.

[belinda63 3,038]

Question would by why do you think you may need a waiver?

[Xachore 0]

Because I have been in the US out of status for longer than a year aggregate

[canadian_wife 1,822]

Have you left the US? Are you married to a US citizen? How did you enter the US?

A little more information will give more helpful responses

Good luck.

[Alla 3]

As I know this form needs to be filed only if you entered illegally,left US after overstay,drug dealer,prostitute,criminal etc.

And it is ever hardly granted.

[Xachore 0]

I have not left the US, I am married to a US Citizen and I entered the US as a visitor.

[belinda63 3,038]

Then you do not need it, just don't leave the country until you have the green card in hand

[Xachore 0]

Okay, Thank you!

[momof1 205]

As I know this form needs to be filed only if you entered illegally,left US after overstay,drug dealer,prostitute,criminal etc.

And it is ever hardly granted.

Who told you that they are hardly ever granted? A huge amount of waiver of inadmissibility are approved each year. In Mexico alone, where 24,000 waivers were filed in the year 2008, just under 80% were approved.

Is a waiver easy? No. Saying they are hardly ever granted is a wrong.

To the OP, you needing a waiver depends on many things. It sounds like you entered with a visa. As long as it was not a fraudulent entry you shouldn't need a waiver as long as you're still in the US. The ban is only triggered once you leave the country because overstay is generally forgiven by marriage to a USC. Mind sharing exactly what type of visa you used to enter? EDIT: i saw your latest response. If you entered with a visitors visa(not fraudulently) you don't need a waiver

Edited April 8, 2010 by momof1

[Used to be broken 147]

I would say that it is generally true you don't need the I601 on AOS because its a wavier to return not cancellation of deportation, however that would be only if you have never been on DHS or ICE radar before. If you are in any type of proceedings ...get an attorney it could be bad. For example have you tried to extend your VISA since you have been here?

[emt103c 10]

He/she is Canadian. . .they don't need a visa.

[Audy_Rob 26]

He/she is Canadian. . .they don't need a visa.

That MAY BE be an issue. I want to emphasize may be an issue. You need to have entered with inspection (EWI) which means you entered the USA legally with approval from an authorized CBE agent or official granting you approval. DO you have an I-94 or a stamp in your passport from the entry?

[emt103c 10]

That MAY BE be an issue. I want to emphasize may be an issue. You need to have entered with inspection (EWI) which means you entered the USA legally with approval from an authorized CBE agent or official granting you approval. DO you have an I-94 or a stamp in your passport from the entry?

Canadians also do not fill out I-94's as tourists. . .it's one of the only special allowances for Canadians in immigration law. . .they are usually just assumed to have entered with inspection, since it is so easy to get in anyway. . .why would they EWI? (is the thought. . .)