WILL I NEED A I-601 WAIVER

[Julia & Leo 2]

Ok so my husband entered illegally at age 6 with his mother, but at age 18 and 4 months he returned to mexico, since they give a 6 month grace period for them to return to not need a waiver is this correct? since he was considered here because of his mom until being 18 and made the choice to leave? will he or not need a waiver? im so confused?

[BreadandRoses 0]

If he was unlawfully present in the U.S for less than 180 days(6 months) after turning 18 years of age, then no waiver is needed. Good Luck!

Edited February 15, 2012 by BreadandRoses

[aaron2020 11,651]

He is not subject to a ban because he accumulated less than 180 days of unlawful presence after his 18th birthday. No ban = no waiver needed.

It will be a good idea to have proof that he left before accruing 180 days of unlawful presence in case the IO questions when he actually left the US; a plane ticket, proof of living in Mexico, etc.

[Julia & Leo 2]

Alright thank you so much i didnt think so but had a friend saying that he might but yes we have a plain ticket he has a phone bill for out in mexico he got his mexico id things like that should work? =) thanks again

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Waivers (I-601 and I-212) and Administrative Processes (221g) forum.