I-130 with 601 Waver

[Freakindj 0]

I know of some extreme cases where a 601 waver was accepted but I am wondering about this case. The guy is a co-worker who is in America illegally and wants to gain legal status. He has a common law wife and child - both are US Citizens by birth

They meet the income requirements

Neither have drawn any Federal or State Assistance

No arrest record in USA or Mexico

Other then the glaring fact he is in this country illegally although he has never been caught and sited for being in the country illegally, is this some thing that could be waved by a 601

[NigeriaorBust 4,087]

How did he enter the US

[canadian_wife 1,822]

How did he enter? How many times did he enter? When did he enter?

Why isn't he married - legally and not common law?

Please provide more information

good luck

[Pitaya 2,577]

~Moved from Bringing Family Members of US Citizens to US to Waivers (I-601 and I-212) & AP Forum~

~Inquiry about I-601 waiver~

Edited November 30, 2013 by A&B

[JayJayH 546]

There are two different types of "illegal."

There are those who entered illegally, and those who entered legally but stayed beyond their visa allowance, referred to as a visa overstayer.

If he entered legally - What visa did he enter on? How long ago did his allowed stay expire?

If he entered illegally - How did he enter ('jump the fence', fake passport/visa, smuggled in etc.), when did he enter and how many times has he entered?

[Freakindj 0]

Was brought in by his parents illegally 14 yrs ago when he was 16.

Never had a Visa nor even a Mexican Passport

As to why he never married - I'd have to ask him. All I know is he lives with the mother and child from conception to this day.

So does anyone have experience in applying a 601 waver in a case like this or are we just surmising on circumstance

Edited November 30, 2013 by Freakindj

[JayJayH 546]

OK, because he entered illegally, he cannot adjust status here in the US. He will eventually have to leave the US and apply for an immigrant visa in Ciudad Juarez.

I-601 waiver cases like this one are not DIY. They should get a lawyer experienced in waiver cases.

Generally, these waivers are only approved if the American spouse can show that 1. they would suffer extreme and extraordinary hardship if they become separated from their foreign spouse, and 2. that they absolutely cannot move to the foreign spouse's country.

This has to be well documented, and "normal" and "expected" hardships such as emotional or financial hardship does not usually meet USCIS requirements for "extreme."

This is lawyer territory.

[Freakindj 0]

OK, because he entered illegally, he cannot adjust status here in the US. He will eventually have to leave the US and apply for an immigrant visa in Ciudad Juarez.

An attorney in San Jose, Ca. was charged with fraud recently for giving that same advice of leaving the country to gain legal status.

Part of the reason I am here asking

Been quite a few years (10 yrs) since I processed my wife's visa application but that was common advice then. What has changed and what programs are available in this situation.

I looked over the 601 and knew of cases years ago where they were used successfully and it seems filing on the grounds of "Hardship" to the wife a child would be applicable

[JayJayH 546]

An attorney in San Jose, Ca. was charged with fraud recently for giving that same advice of leaving the country to gain legal status.

Part of the reason I am here asking

Been quite a few years (10 yrs) since I processed my wife's visa application but that was common advice then. What has changed and what programs are available in this situation.

I looked over the 601 and knew of cases years ago where they were used successfully and it seems filing on the grounds of "Hardship" to the wife a child would be applicable

Did that attorney advise his/her client to leave the country and then lie about their unlawful presence?

That would be fraud.

Either way, what has changed more recently is that immediate relatives of US citizens are no longer required to leave the US prior to filing the I-601 waiver. They will be able to go through the same I-130 process as CR-1 / IR-1 applicants, but can file a new I-601 provisional waiver once the petition is approved, rather than having to file it after their visa has been refused.

So, he will have to leave the US and apply for an immigrant visa in Ciudad Juarez, but they can file the I-601 prior to him leaving, and actually get a "pre-approval" of the I-601 before leaving the US. Keep in mind that this is a new law (as of March 2013). I'm not quite sure I fully trust that "pre-approval" and would still consult with a lawyer. This is immigration, and there are two government agencies involved (DHS and DOS) - Left hand doesn't always know what the right hand is doing ance vice versa. They need, at the very least, a consultation with a lawyer or two.

http://www.amesimmigrationlaw.com/new-i-601-provisional-waiver/

Edited November 30, 2013 by Yang-Ja

[Freakindj 0]

Well thanks for your time

I'm not sure if that is the only route as I'm still hearing many say under No circumstances leave the country and they are getting legalized

but thanks

[Freakindj 0]

Well looks like there is a way to adjust status and NOT leave the country after all

. If you say on the I-130 that the immigrant will apply for adjustment of status in the U.S., you will have to take extra steps to have the file transferred to the NVC. This includes filing a Form I-824 and paying a filing fee, then waiting many months for action on your request.

and it looks like an extra $585 for the I-824

[RhettVoe 282]

One cannot adjust status from no status... an EWI has no status from which to adjust...and why is it that the OP has not informed his/her boss about an undocumented employee? How would your co-workers feel about this, especially if any of them had been laid off while the illegal remains employed?

[aleful 1,905]

Well looks like there is a way to adjust status and NOT leave the country after all

. If you say on the I-130 that the immigrant will apply for adjustment of status in the U.S., you will have to take extra steps to have the file transferred to the NVC. This includes filing a Form I-824 and paying a filing fee, then waiting many months for action on your request.

and it looks like an extra $585 for the I-824

your interpreting it wrong, and this isn't always the case. if a person wrote on the i130 that he or she was going to adjust status and isn't, and the approved i130 gets sent to a local office, the petitioner will need to send the i824 to transfer the case to the NVC. NVC is the national visa center, and it only deals with cases that are going to the country of origin of the beneficiary, so that they go through consular processing

bottom line, transfer the i130 to the NVC so they can have the interview in their country. that's what the i824 is for.

first they need to marry. next his will file an i130. as he is married to a USC, he can file the waiver i601A in the US and his wife the hardship letter. he cannot adjust status in the US since he entered the country illegally

he will have the interview in his country, and if the waiver is approved before he leaves, he will be granted the visa, unless he has some other problem

or he can leave and will have a 10 year ban, needing the i601 waiver and the hardship, but he will stay more time in his country.

and what would happen if his wife doesn't have enough hardship? at least if the i601A is denied, he's still here in the country. once he leaves there is no guarantee

[Jawaree 717]

If one ewi they have no status....Y don't dude marry the mother of his kids?

He is in an illegal comfort zone & will one day get a rude awakening, how will

he change status or plan to?

[NigeriaorBust 4,087]

Why the first question was HOW id he enter is because that make a huge difference in what is available to him In general once you sneak ( or get sneaked ) into the country you hit a dead end . If he entered on some wort of visa then there are more options open to him. Has ever ever left and re entered the US or has he always stayed here ? He maybe be eligble for DACA protect but that doesn't get him status really.