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Filed: Country: Canada
Timeline
Posted

Hey guys I was brought in on a visitor visa to USA when I was 11 year olds and remained there. However since I was illegal I decided to move when I was 20 to Canada so that I could go to college and study (I was approved for a Canadian student visa and have been in school up till to this point).

In 2006 my mother married remarried (while I was still under 21) to a full USA citizen and filed for me. Since then she has obtained full citizenship herself.

This December the form came through and I was told to bring a ds-230 (a and b) to the visa office. Everything seemed to be going fine until they got to the part where I have a bar for remaining in the states longer than a year (10 year bar).

I assume it started in 2009 (when I cross over to Canada) and remains in effect till 2019.

They suggested filing a i-601 but browsing here I found about i-601a.

From looking over the forms it seems i-601a deals with just the overstay part, where as i-601 deals with multitude of over possible reasons for being rejected.

Should I attempt to file a i-601a instead of i-601?

Thank you for any advice.

Posted (edited)

The above is correct; you will need to file an I-601 waiver since you're outside the US, and would need to show it would be a hardship to your mother if you weren't admitted to the US.

You should consult with an attorney as to how best this waiver should be prepared.

Edited by Hypnos

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Filed: Country: Canada
Timeline
Posted

the 601a is to be filed if you are here in the united states, and the 601 waiver is to be filed after your interview if you are outside of the united states.

The above is correct; you will need to file an I-601 waiver since you're outside the US, and would need to show it would be a hardship to your mother if you weren't admitted to the US.

You should consult with an attorney as to how best this waiver should be prepared.

Thanks for your suggestion guys!

 
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