What is your experience with I-601?

[RachealLee 0]

I am 23 years old with a daughter who is five. My husband will be 30 this year. We were married when I was 17, and we had our daughter by the time I was 18. My husband was brought into the US when he was 8 years old by his mother. Unfortunately, he was ill-informed about the system and thought if he tried to apply to stay in the country, he would quickly get booted. He made a mistake here in the US and was sent back when our daughter was seven months old. I tried to drive there twice a month to see him, but it got scarier and more expensive every time. I haven't seen him in 4 years.

Three years ago he was granted an interview that did not go so well. At the time, he told me he had to wait three years because of his trouble here in the US. Last week, he went for his second interview. I found out the morning of from his attorney that we would probably need to file an I-601 waiver due to him "testing positive" at the last interview. I would prefer if the responses to this post did not include personal opinions about my situation. I have only included that information because I am curious if anyone else has been in the same situation, and if so, what has been your experience.

I have a good job here in the US and can manage my family without him. The issue is the fact that I have a five year old who doesn't even know what a dad really is. I have bi-polar disorder and was diagnosed with high risk anxiety and depression during my pregnancy. I developed postpartum depression and have really struggled with my anxiety since he has left. As much as I try to stay strong for my daughter, I have these internal fights about what is best for us. I plan to file using my mental health as my hardship, but I know this is one of the hardest things to prove.

I would appreciate it if anyone who has gone though this can share information from their experience. Is it a long process? Do you just submit the application and wait to get a letter? Will he get another interview? Once the waiver is approved, how long until he comes back, or are their additional steps?

I know these are things to ask my attorney, and although she is great on a legal side, I want to hear from people who have experienced the side I am on. The anxiety of wondering when you will be able to be with your spouse again and when/if you will be able to raise your child together.

Thanks in advance for your input.

[ShirahBet 42]

I personally don't have experience filing the waiver, I'm putting together my arguments now, but I am a mental health professional. I think the fact that you have what's considered, at least in my state, a serious/severe mental illness, that would actually be less hard to prove versus a major depressive episode. I would have your treating doc (assuming you are prescribed meds) write a letter testifying to the conditions of the diagnosis, the common side effects to the medications, if you personally experience any side effects, if you've ever required more in depth treatment, as well as the conditions under which you were diagnosed with the anxiety, etc.

Include the anticipated time frame for recovery treated and untreated. I would include information from the NIH about bipolar disorder, or possibly from the CDC.

[Boiler 45,813]

Three years ago he was granted an interview that did not go so well. At the time, he told me he had to wait three years because of his trouble here in the US.

There is a 5 year ban, I can not think of a 3 year one.

Last week, he went for his second interview. I found out the morning of from his attorney that we would probably need to file an I-601 waiver due to him "testing positive" at the last interview.

That sounds like drugs?

Edited March 5, 2013 by Boiler

[Sarah Elle-Même 660]

There is a 5 year ban, I can not think of a 3 year one.

That sounds like drugs?

There IS a 3 year ban for those who were in the US illegally for more than 180 days but less than 1 year. More than one year incurs a 10 year ban. I don't know if it applies in the OP's husband's case since sounds like he was present for a lot longer than that. The drugs - I assume that's what testing positive means - are a different story. Did he admit to using the drugs at the medical exam? If he didn't admit to it and it came back positive, his options are very limited I'm afraid. Generally there is no admissibility waiver available for people they deem to be drug users/abusers. But I've heard on the forums here that in some countries the Embassies inform people who test positive that they are banned for a certain length of time. No idea if this is true or not since this is a self-help forum. You should seek specific legal advice from someone very familiar with Mexico cases.

Honestly the I-601 should not be filed without the help of a very skilled attorney. They can present your case and your situation in the proper way. Also, Immigrate2us.net is a forum better suited to your issues than Visa Journey. They discuss inadmissibility waivers much more frequently than here.

Edited March 6, 2013 by Sarah and Adnan

[Jay 1987 0]

Back in 2010 which is when he had his interview he must have told the psychologist that he had used drugs in the past. They did a drug test and he tested positive. Back then that was an automatic 3 year ban. The psychologist most likely gave him instructions on what he needed to do during that 3 year ban. Regular drug tests most likely to prove that he has rehabilitated from prior drug use. Now on his most recent interview, if he came out clean on his drug test and the psychologist determined that he has been rehabilitated then he already took care of that problem. Then at his most recent interview at the Consulate they told him that he was inadmissible because he had accrued 180 days or more than 1 year of illegal presence in the US. Then they must have told him that he was eligible to submit a waiver which is the I-601 Form. I went through what he is going through but I received a 1 year ban because when I went for my interview in 2011 they had changed the drug ban from 3 years to 1 year. I'm in the process of getting my waiver set up to submit. Hang in there. The hard part is done which was the 3 year ban. Find a good lawyer with experience to set up your waiver. Good luck.

[Laherida 0]

I filed my husband's waiver with no attorney and it was quickly approved. He probably has a ten year ban for illegal presence. Unfortunately, you will need a lawyer because it sounds like you have no real hardship to speak of. The hardship must be yours, not your child's. Mental illness has been over used and is hardly effective for waivers anymore. Sorry:( hope it goes well tho

[Brother Hesekiel 2,236]

While it is extremely difficult to get an I-601 approved, there's one exception to the rule: Ciudad Juarez. They issue more of those things than all the other consulates on this planet . . . combined!

Go to http://www.immigrate2us.net and start doing your homework. Your post tells me that you are no dummy, so you should be able to pull this off on your own once you realize what the rules of the game are.

[birdword42 1]

Like other people have suggested, become at member at www.immigrate2us.net. Practically everyone there has gone there, is going through, or is waiting to go through the I-601 waiver process. You'll find a very helpful community of people who can answer your questions. My fiancé and I are waiting on our waiver to be processed right now. This is our second one. The first one was denied, seemingly due to adjudicator error/not reading the evidence or paperwork getting lost when our waiver was transferred out of Guatemala. A big, frustrating, disheartening mess. But now all waivers are processed in the U.S., and the approval ratings are excellent. However, I still highly recommend consulting with an attorney experienced with waivers. There are a number of recommended attorneys on Immigrate2US.

I would not agree with Laherida that mental illness arguments do not work. They can work, especially if you have a history of mental illness. From your original post, it sounds like you have some documented history of mental illness. You'll want to try to show how your problems have worsened since your husband has been away. The hardships of children can be used, because a hardship to your child is a hardship to you, therefore your own hardship. The overall goal of a waiver is to explain 1) why you cannot live in your spouses's country and 2) why you cannot live in the U.S. without your spouse. Waivers are not easy, and take quite a bit of time to prepare a good one. Consult with a recommended attorney before proceeding. Good luck! I wish you all the best! (o: