Is the waiver I-601 still needed?

[Roxy905 0]

Good morning to all,

This whole visa processing is so stressful just to think that this journey will have bumpy and smooth rides. But we will manage. I NEED TO THINK POSITIVE

I will like to know if the waiver I-601 is still needed? when should I submitted the form? and along with what type of suporting information?

thank you in advance

[NigeriaorBust 4,087]

Are you excludable ?

[Roxy905 0]

excuse my ignorance. what do you mean by excludable?

[belinda63 3,038]

Why do you think you would need a waiver?

[Roxy905 0]

becuase my husband was caught twice attempting to to cross the border. and when we requested his FOIA they had record of the attempts.

And I was adv. that he may be at risk due to that issue.

Edited September 5, 2014 by Roxy905

[rylforever 18]

is he in the us now or not? if not, he will be advised if he can/needs one at his interview.

[belinda63 3,038]

If he is inside the US you would file the I-601A after the petition is approved.

If he is outside the US you wait until the interview. At that point his visa will be denied and he will be informed if he qualifies for a waiver.

[Roxy905 0]

yes belinda63. He is currently in the US.

sorry for not being more specific..

the approved pettion you are referring too is the I-130?

[rylforever 18]

then he would file the i601a provisional waiver, but i could be wrong, he may have a ban depending on the two attempted crosses.

[belinda63 3,038]

How did he enter the US? Where the two removals at the border or did he successfully enter without inspection and then get removed? You really need to be careful here because if he entered without inspection once he has a ban. If he entered without inspection a second time and was caught he has a ban that is non-waiverable for 10 years.

[Roxy905 0]

Thank god both attempt he was hold over night then released, per my husband and FOIA he was not ban. He entered the US on the desert line.

To my under standing its crucial if they get caught using a fake identification on the port of entry.and here they will ban them for 10 years.

[TBoneTX 45,329]

An unrelated post has been split from this thread and can be found here:

http://www.visajourney.com/forums/topic/513216-new-member-needs-help-with-nvc-split-topic/?p=7227574

[NikLR 13,227]

~~moved to waivers and AP discussion from IR1/CR1 process and procedures because subject is about waivers~~