So confused.. Deferred Action Or I-601

[browneyedgirl22 0]

Hello,

My husband is 21 years old, he came to the US without inspection from Mexico at age 8. We have been married for a year and a half, and have been dealing with this process for quite some time. We are now getting ready to do our 3rd packet. Our lawyer says that Obama may pass a I601 waiver law, but it is not for sure.. She also mentioned that he qualifies for this new deferred action. We are so far into the visa process now that the NVC said once we turn in packet 3 it will just be a few months before his interview.

This whole thing has been so hard on me, so much stress, and we have a baby together. What are other people's opinions on if Obama will pass that waiver, to where we can turn in the hardship letter before his interview?

What do you think about deferred action.?

Any help or advice, thoughts would be appreciated.

THANKKKKK you

Chelsie

[TBoneTX 45,329]

*** Thread moved from CR-1 Process to General Immigration Discussion -- topic pertains to variations in potential paths. ***

[Mrs.A2010 4]

Hey, BrownEyedGirl. Sounds like we are in the same boat.

My husband barely missed DACA by coming here when he was 17 tho.

I have been following the proposed i-601 process change since Obama announced it Jan 6.. i have found a bare handful of mentions of it on this website, really not sure why, but we just finished our I-130 step and are also waiting on the change to come down. In my heart, I feel it is coming very soon & even though I don't feel like my husband would have to stay in Mexico longer than mayybe 3 months (zero background issues, only 2 Driving without a license tickets & they were before it became a big deal), he REALLY doesn't want to be there longer than a week or so as they said the process change would most likely result in... So right now we are waiting. We have a follow up appt with our lawyer this coming Monday so we will see what she says but she HAS to tell us each person that goes back may have to stay 6 months to a year and a half. I just want to know her guess for us specifically with his lack of background issues...

I am no immigration professional by any means but I research a lot about it & IMHO, if your husband is scared of going back to CDJ like mine is, I think you should definitely use the DACA track. Once he gets that work visa, your lawyer should be able to tell you how long he should keep that until they can apply for him to be processed into a green card because he's married to you (assuming you are a USC), then he shouldn't have to go back.

We will basically do any track we need to to keep him from going back. It also sounds like immigration reform has a real chance to come down soon, i just wish we knew if it was very likely or not, because if so, they may only fine people 1k or 1500 which would save us the coming 4k for the lawyer and consular processing/i-601 help.

I hope everything turns out well for you. You are really lucky to have the two options at least. DACA is way cheaper to do than the other or moving forward the way it is too. My husbands two sisters just got approved for DACA and they only paid about $500 for the form plus the lawyer's fees to do it, so about 1k plus finger prints and background checks. Good luck!

Hello,

My husband is 21 years old, he came to the US without inspection from Mexico at age 8. We have been married for a year and a half, and have been dealing with this process for quite some time. We are now getting ready to do our 3rd packet. Our lawyer says that Obama may pass a I601 waiver law, but it is not for sure.. She also mentioned that he qualifies for this new deferred action. We are so far into the visa process now that the NVC said once we turn in packet 3 it will just be a few months before his interview.

This whole thing has been so hard on me, so much stress, and we have a baby together. What are other people's opinions on if Obama will pass that waiver, to where we can turn in the hardship letter before his interview?

What do you think about deferred action.?

Any help or advice, thoughts would be appreciated.

THANKKKKK you

Chelsie

[Brother Hesekiel 2,236]

We have no way to know, nor to even guess, what will be part of the proposed immigration reform. All we know is that idiots are in charge and that it will be messy.

While Ciudad Juarez issues more I-601 waivers than any other consulate in the galaxy, I would stay away from this process as far as I can if at all possible. Since it's fairly certain that the DREAM Act will pass in 2013, I would strongly suggest to apply for DACA now and then wait for the DREAM Act as a path to a Green Card. It's really the only logical and smart thing to do.

[GlobeHopperMama 95]

Just to clarify some things mentioned above:

1) DACA does not result in a work visa. It does offer work authorization, but DACA is simply protection from deportation, it's not an actual visa. It's only valid for 2 years, and if after those 2 years, the govt decides to cancel the program, the immigrant is without status again at best, and on a shortlist for deportation at worst. It's not a magic cure-all, and definitely should be considered carefully.

2) There is no way to just adjust to a green card from DACA at the moment, especially for a person who entered the US without inspection.

3) Obama can not "pass" anything. Congress passes our immigration laws. However, the current administration did propose the I-601A "provisional waiver" and i think that's what you're talking about. It has already been set into motion, the final steps are in motion right now, and it should be implemented before the end of the year. However, one key qualifying factor is that you CAN'T have an interview scheduled at the consulate, which means you shouldn't have submitted the final packet to the NVC, since that's what triggers interview scheduling. So if you want to take advantage of this, you need to wait on that final packet. There are numerous signs that the provisional waiver is imminent. Any day between now and the last day of December.

In summary, DACA is a temporary band-aid solution. It's not as permanent as a green card. Provisional waiver is a possible solution with a much more long-term effect.

I understand the fear of going to CDJ or Mexico in general. My husband and I went to CDJ for a visa interview, I lived in Northern Mexico for a year, and my husband, who would have qualified for DACA had it been put in place while he was in the States, spent over 4 years living there after we married and lived to tell the tale. Honestly, I think a lot of stuff is overplayed in the media, but if that's enough to keep you from pursuing a green card even when you're eligible for a waiver and have a good hardship case, then go for DACA until you can work up the nerve to go through the consular process. Otherwise, keep in mind that literally thousands of people go through this process every year without any incursion with the media-sensationalized drug and cartel violence, and it could be worthy sacrifice in exchange for a green card!

[browneyedgirl22 0]

Thank you so much for replying to me. And to GlobeHopperMama- what you said has really inspired me and my husband. You are right the media portrays so much violence, but its the same here in the United States. When I turn on the news all I hear about is shootings, murders, car accidents, plane crashes and hurricanes. You hardly ever hear about the good stories anymore. I know that there is alot of violence going on in Mexico, but as you said, many people survive through it. I think that it is worth the risk to get a greencard and have a better lives for our family. I am truly hoping and praying that the I601 provisional waiver comes into effect before we send out packet 3. It is such a stressful and difficult situation, and I pray for not only my case but everyones.. Everyone deserves to have their families together. Thank you for your thoughts.

Just to clarify some things mentioned above:

1) DACA does not result in a work visa. It does offer work authorization, but DACA is simply protection from deportation, it's not an actual visa. It's only valid for 2 years, and if after those 2 years, the govt decides to cancel the program, the immigrant is without status again at best, and on a shortlist for deportation at worst. It's not a magic cure-all, and definitely should be considered carefully.

2) There is no way to just adjust to a green card from DACA at the moment, especially for a person who entered the US without inspection.

3) Obama can not "pass" anything. Congress passes our immigration laws. However, the current administration did propose the I-601A "provisional waiver" and i think that's what you're talking about. It has already been set into motion, the final steps are in motion right now, and it should be implemented before the end of the year. However, one key qualifying factor is that you CAN'T have an interview scheduled at the consulate, which means you shouldn't have submitted the final packet to the NVC, since that's what triggers interview scheduling. So if you want to take advantage of this, you need to wait on that final packet. There are numerous signs that the provisional waiver is imminent. Any day between now and the last day of December.

In summary, DACA is a temporary band-aid solution. It's not as permanent as a green card. Provisional waiver is a possible solution with a much more long-term effect.

I understand the fear of going to CDJ or Mexico in general. My husband and I went to CDJ for a visa interview, I lived in Northern Mexico for a year, and my husband, who would have qualified for DACA had it been put in place while he was in the States, spent over 4 years living there after we married and lived to tell the tale. Honestly, I think a lot of stuff is overplayed in the media, but if that's enough to keep you from pursuing a green card even when you're eligible for a waiver and have a good hardship case, then go for DACA until you can work up the nerve to go through the consular process. Otherwise, keep in mind that literally thousands of people go through this process every year without any incursion with the media-sensationalized drug and cartel violence, and it could be worthy sacrifice in exchange for a green card!