help with waiver I-601 and I-212

[Justme2011 0]

Hello.. I had an interview for my K1 on nov 09

I was told I need a waiver I-212 and I-601

Here is the story...

I was born in El Salvador. My parents got

An American visa B1 to go visit we got the visa

For 10 years.

We couldn't be in our country because we were

In danger. So my parents decided to stay in the u.s.a

To apply for isylum. I was 11 years old when

That happened. We got denied many times

We kept appealing and going to court.

One day my parents decided to go to Canada

And apply for refuge and got denied so we were

Deported to the u.s.a the u.s.a let us back In

Because we had a pending case with immigration

That happened in 2008.

Then in 2009 my parents tried to apply again in Canada

We got approved. So the case we had in the u.s.a

Was dissmis because we left.

Now when I had my interview the lady said

There was a deportation order in 2007

And that we didn't leave the country. And because

Of that she wasn't able to give me the K1 visa.

I explained to her everything and told her I was under age at that time.

And I was under my parents case.

She said I was 18 years old at that time

And it was my responsibility to leave don't country.

My parents were never told to leave the country.

If that happened then they would of told us

How long we had to leave the country but they never did.

Also we you get deported and they tell u have 30

Days to leave the country and if you don't leave they go get you.

And that never happened to us.

We never hide from immigration.

So now I need a waiver because of that.

My fiancé and I don't have kids or anything like that.

He's writing the hardship letter.

But it seems that only people who have kids

And have family that are sick have more chances

Of getting approved. Am I wrong?

What can I do?

Thank you!

[Jojo92122 1,924]

You're wrong.

While filing the asylum petition allowed your family to remain in the US while the case was pending, there are adverse consequences when the asylum petition was denied. The denial means that the entire time your family was in the US was illegal. The reason for this consequence for a denial is to prevent people from filing frivolous petitions (petitions without any merits) to stay in the US. This is why there is no notice that your family had to leave. It is a retroactive consequence of a denied asylum petition - the rule which your parents should have been aware in preparing their asylum petition.

Once you turned 18 years old, you became an adult. This is why your time after 18 years old in the US resulted in a finding that you are not admissible to the US because of your unlawful presence in the US after your 18th birthday.

You will need both the I-212 waiver and the I-601 waiver.

[Jojo92122 1,924]

While the asylum petition was pending, your family presence in the US was lawful. By abandoning the petition after the initial denial and spending more than one year in the US after the denial, your family accrued years of unlawful presence. If your family had successfully completed the process, then you would have been okay. By abandoning the process, your family gains no benefit from the petition. This includes giving up the benefit of your presence in the US being protected.

(Update - I could not update my previous post.)

[Justme2011 0]

Thank you!

The only people that have chances of getting approved

Are people have kids. Or their family in the u.s.a depend on them.

My fiance and I don't have kids.

I will fill out those forms.

I wish I knew that when I was 18 I would of left the country.

I was told at the interview that's a 5 year barn.

I thought I was gonna get 10.

[Jojo92122 1,924]

Thank you!

The only people that have chances of getting approved

Are people have kids. Or their family in the u.s.a depend on them.

My fiance and I don't have kids.

I will fill out those forms.

I wish I knew that when I was 18 I would of left the country.

I was told at the interview that's a 5 year barn.

I thought I was gonna get 10.

It's a 5 years ban for the deportation. That's separate from the 3 or 10 years ban for unlawful presence after the age of 18. The I-212 waiver is for the 5 years ban for the deportation. The I-601 waiver is for the unlawful presence.

Edited November 13, 2011 by Jojo92122

[Justme2011 0]

It's a 5 years ban for the deportation. That's separate from the 3 or 10 years ban for unlawful presence after the age of 18. The I-212 waiver is for the 5 years ban for the deportation. The I-601 waiver is for the unlawful presence.

So I might still have another 10 years?

I turned 18 in 2006 the deportation was in 2007.

She didn't mention other ban.

[Boiler 46,103]

She does not have to.

[Justme2011 0]

Ok so I do have a 10 year for sure.

[Justme2011 0]

Hello.. I had an interview for my K1 on nov 09

I was told I need a waiver I-212 and I-601

[Justme2011 0]

Hello everybody!

I would like to know if everybody has or is the same situation as I am.

I had my fiance visa interview on Nov 2011.

I wasn't able to get my visa. the lady said that it shows I had a deportation in 2007

what happened is my parents applied for asylum and they got denied.

we appeal and were in removal proceedings.

we were offered to leave the country voluntarily but my parents didn't take so the court continued

with the appeal.

My parents decided to leave the U.S.A and moved to Canada and applied for asylum where it was approved.

we never received a letter that said we had to leave in the country So when it comes to questions that says date of when you were deported I don't what to put.

I was under age when all that happened.it was my parents case.

I don't know what to do now.

I already have the hardship letter. (I don't have kids or any diseases)

anybody help?!

Thank you!

[Robby999 1,024]

Check this site out. Plenty of people here in the same position as you! 601 waivers and 212's Best Wishes! Check out their forums for 601 waivers

Edited December 11, 2011 by Robby999

[Justme2011 0]

Check this site out. Plenty of people here in the same position as you! 601 waivers and 212's Best Wishes! Check out their forums for 601 waivers

Where exactly? I been there before but I can't find answers to my questions or people that have been going through the same thing.

Thank u!

[Penguin_ie 5,996]

**** two topics on the same issue merged. Please do not start more than one topic on an issue- instead, if you have follow on questions or an update, post it in the same topic ****

[jojolicious 38]

why don't you get a couple of legal consultations? many lawyers offer the first consultation for free. if you go to a few appointments, you can compare the advice you're given by different attorneys and see where you should go from there.

[Justme2011 0]

I did. They all say I have good chances to get approve. But they don't even know what my hardship letter says. So it's weird. They don't tell me anything about what to put for the question on waiver I-601 where it asked when were you deported and all that. I wasn't deported. We left while an appeal. Then we got a letter saying the dismiss the case cause we left the country. Oh and we were in removal proceedings. I have all the conversation in writing from all the times we went to court.