I-601 does not apply, but asked to file....

[Alb4Ever 0]

Hi everyone,

I filed I-130 as a permanent resident for my husband almost 3.5 years ago, and it got approved in 2010. My husband had an interview on June 2012 and he was found inadmissible and was told to file form I-601. My lawyer says that the embassy` s decision was reached in error and we should not file such form. Although my husband entered the USA illegally, he was granted voluntary departure and left U.S prior to 180 days. I have emailed the embassy and they do not seem to care and I get the same response from them every time that I email them. They keep telling me to contact DHS in Texas if I believe it was an error, but do not give me any phone numbers or email for DHS.

It has been more than 5 months after interview and I have no idea what to do. I am now a U.S. Citizen. Please let me know if you have any information in such scenario? Who should I contact/call? This whole process has been a nightmare and does not look like it will end anytime soon. PLEASE HELP.....

Thank you!

[together4evr 360]

5 monthd and

u could not find dos phone... 202 663 1225

[Alb4Ever 0]

I have only contacted DOS once, when the case was under AP, and did not find them helpful at all...the lady answering the phone was very rude too. Do you think calling them will help? Thanks for your reply....

Edited November 25, 2012 by Alb4Ever

[aleful 1,905]

Hi everyone,

I filed I-130 as a permanent resident for my husband almost 3.5 years ago, and it got approved in 2010. My husband had an interview on June 2012 and he was found inadmissible and was told to file form I-601. My lawyer says that the embassy` s decision was reached in error and we should not file such form. Although my husband entered the USA illegally, he was granted voluntary departure and left U.S prior to 180 days. I have emailed the embassy and they do not seem to care and I get the same response from them every time that I email them. They keep telling me to contact DHS in Texas if I believe it was an error, but do not give me any phone numbers or email for DHS.

It has been more than 5 months after interview and I have no idea what to do. I am now a U.S. Citizen. Please let me know if you have any information in such scenario? Who should I contact/call? This whole process has been a nightmare and does not look like it will end anytime soon. PLEASE HELP.....

Thank you!

how long was he in the US. voluntary departure is different from illegal presencce, he could have been spared from deportation but have a ban due to illegal presence in the US. if he stayed between 6 months to a year, he had a 3 year ban, if he stayed in the US for more than 1 year, then he has a 10 year ban and needed to immediatly file a waiver and you the hardship letter.

[Alb4Ever 0]

how long was he in the US. voluntary departure is different from illegal presencce, he could have been spared from deportation but have a ban due to illegal presence in the US. if he stayed between 6 months to a year, he had a 3 year ban, if he stayed in the US for more than 1 year, then he has a 10 year ban and needed to immediatly file a waiver and you the hardship letter.

He was only here for 5 months, and once he went back he had to go at the embassy as ordered by the judge. So, he has proof/stamp on his passport....

[Jahwaree 83]

Call your congressperson

[Noah Lot 391]

or perhaps he EWI'd twice, in which case the second time might have caused a more serious ineligibility/inadmissability....and lawyers don't always know what they are talking about...it is likely that the embassy folks have discovered or knew other information that was at odds with what your husband told them...

[Alb4Ever 0]

or perhaps he EWI'd twice, in which case the second time might have caused a more serious ineligibility/inadmissability....and lawyers don't always know what they are talking about...it is likely that the embassy folks have discovered or knew other information that was at odds with what your husband told them...

He has only been in the US once....I am not sure what the embassy have discovered, but believe me there is nothing to discover, they pretty much know everything they need/have to know....I just wish they were straight forward with what they need or are looking for.

Thank you all for your replies!

[jessicaruizw 9]

Hi everyone,

I filed I-130 as a permanent resident for my husband almost 3.5 years ago, and it got approved in 2010. My husband had an interview on June 2012 and he was found inadmissible and was told to file form I-601.

i am confused.....was the 2010 approval simply the 1-130 approval, and this interview was the final cr-1 interview? why so long between i-130 and interview?

[UK_Fan 192]

i am confused.....was the 2010 approval simply the 1-130 approval, and this interview was the final cr-1 interview? why so long between i-130 and interview?

because she was a PR back when she filed.. the PD take longer then citizen's

[belinda63 3,041]

Why not just file the I-601 even if you don't think it is needed. Yes it is more money but seems it would be easier than fighting with the embassy. What is your attorney doing to get to the bottom of this?

[Alb4Ever 0]

Why not just file the I-601 even if you don't think it is needed. Yes it is more money but seems it would be easier than fighting with the embassy. What is your attorney doing to get to the bottom of this?

The money is really not the issue at all. I asked my attorney the same thing and he said that by filing I-601, we are agreeing that we did not follow the judge` s decision, to leave prior to 180 days, so my husband would not be in any sort of bans. He also said that he can not garantee that they will approve the form and if they deny it, there will deffinitely be a ban. He said he is going to appeal the embassy` s dicision. But, the appeal can take an additional 3-6 months. He sounds that he deffinitely knows what he is doing, but I just hate hate waiting any longer, if there is no need for it...

[Noah Lot 391]

The money is really not the issue at all. I asked my attorney the same thing and he said that by filing I-601, we are agreeing that we did not follow the judge` s decision, to leave prior to 180 days, so my husband would not be in any sort of bans. He also said that he can not garantee that they will approve the form and if they deny it, there will deffinitely be a ban. He said he is going to appeal the embassy` s dicision. But, the appeal can take an additional 3-6 months. He sounds that he deffinitely knows what he is doing, but I just hate hate waiting any longer, if there is no need for it...

there is something amiss...if the attorney truly believes that the embassy has made a LEGAL error, he(she) can ask for an advisory opinion...and the attorney could earn his/her fat fee by directly challenging their decision.....if he truly believes they are wrong...but his reluctance to act immediately suggests he/she knows something else is wrong, and may be using this approach to rack up billable hours...if your husband did not accumulate unlawful presence, and has solid evidence of same, the attorney would merely have to write/contact the embassy with those facts....so ask your attorney.....where are those facts and why are you dragging your feet? His/her response may be telling....

[Alb4Ever 0]

there is something amiss...if the attorney truly believes that the embassy has made a LEGAL error, he(she) can ask for an advisory opinion...and the attorney could earn his/her fat fee by directly challenging their decision.....if he truly believes they are wrong...but his reluctance to act immediately suggests he/she knows something else is wrong, and may be using this approach to rack up billable hours...if your husband did not accumulate unlawful presence, and has solid evidence of same, the attorney would merely have to write/contact the embassy with those facts....so ask your attorney.....where are those facts and why are you dragging your feet? His/her response may be telling....

I have seen my attorneys mails/emails with the embassy, and they really do not want to work with him. He has contacted them a few times, and so have I. I have pretty much gotten the same response as my attorney, to contact DHS ourselves. My lawyer has tried getting something in writting from the DHS, but since thats taking long, he said he will end up appealing the case.... not sure what the problem really is, just hope it comes to an end hopefully soon.

[velrich 50]

He was only here for 5 months, and once he went back he had to go at the embassy as ordered by the judge. So, he has proof/stamp on his passport....

What happened for him to be given orders by a judge? That may be the source of the problem.

Was he arrested?

Edited November 30, 2012 by velrich