Visa for Stepson Question

[Boiler 45,558]

The stepson does not accrue illegal presence until he is 18.

I did not know that bringing your own child in precluded the I 601A, I would double check to be sure.

[EM_Vandaveer 2,408]

The stepson does not accrue illegal presence until he is 18.

I did not know that bringing your own child in precluded the I 601A, I would double check to be sure.

It does not preclude I601, but if it was NOT an immediate relative, no waiver would be available.

[Boiler 45,558]

It does not preclude I601, but if it was NOT an immediate relative, no waiver would be available.

I realise that, Just trying to remember a similar case.

There has been no finding presumably and it sounds more a maybe that an actuality.

[EM_Vandaveer 2,408]

I realise that, Just trying to remember a similar case.

There has been no finding presumably and it sounds more a maybe that an actuality.

I suppose they are erring on the side of caution. I think by filing the I-601A one basically declares "my only immigration violations are illegal presence & EWI" so technically it would be misrepresentation? Edited June 18, 2016 by EM_Vandaveer

[Boiler 45,558]

Caution would be to do the I 601 A and see what happens.

[joshuastrauss3 2]

Thanks for the responses! On the I-601A form, question #30 is: Have you EVER knowingly assisted or attempted to assist the entry of someone, even a family member, into the United States without the benefit of a valid travel document in violation of U.S. law?

If she would have answered No, they might have approved the waiver. BUT, at the interview in Juarez, while going through her paperwork, they will most certainly notice that she has a Mexican-born child, with a US address and with no social security number listed. Then they will realized that she lied on the I601A application and the waiver will be cancelled. Then she would have had to file for the normal waiver and wait. The way we are doing it, we aren't taking any chances or lying in any way. This is the advice from our lawyer and after much research, we agreed to proceed with the normal waiver and wait in Mexico.

Our plan now is to file the I-130 for my step-son, move to Tijuana in August (but I will be working in San Diego and I will have a physical address there for all correspondence from immigration) and when that is approved proceed to file with the NVC, and wait for his consulate appointment.

[Cathi 5,757]

Thanks for the responses! On the I-601A form, question #30 is: Have you EVER knowingly assisted or attempted to assist the entry of someone, even a family member, into the United States without the benefit of a valid travel document in violation of U.S. law?

If she would have answered No, they might have approved the waiver. BUT, at the interview in Juarez, while going through her paperwork, they will most certainly notice that she has a Mexican-born child, with a US address and with no social security number listed. Then they will realized that she lied on the I601A application and the waiver will be cancelled. Then she would have had to file for the normal waiver and wait. The way we are doing it, we aren't taking any chances or lying in any way. This is the advice from our lawyer and after much research, we agreed to proceed with the normal waiver and wait in Mexico.

Our plan now is to file the I-130 for my step-son, move to Tijuana in August (but I will be working in San Diego and I will have a physical address there for all correspondence from immigration) and when that is approved proceed to file with the NVC, and wait for his consulate appointment.

didn't you say you are living in Indianapolis? Will be be getting a a job and setting up residence in san diego?

[NikLR 13,227]

Getting job in san diego and living in tijuana. Theyre pretty close geographically speaking

[joshuastrauss3 2]

Sorry I didn't see the responses! Currently we are in Indianapolis, IN, but we have wanted to move to a warmer climate for years. So we are moving to Tijuana and I got a job in San Diego.