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Puchi08 Newbie

Puchi08   0

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Hello Everyone,

Seems to me like Waiver 601 is the only one that can help me with my case but i'm not sure if my wife must leave the U.S first in order to file.? and also saw a lawyer over the weekend and he mention asking for asylum!? but shes been here for 14 years is this possible?

ClaoBui Newbie

ClaoBui   0

Posted
Filed: IR-1/CR-1 Visa Country: Colombia
 Timeline
Posted

my friend had to file for a waiver because she entered without a visa. She filed the waiver while she was here, it was approved and left the country with a consular appointment. Otained her immigrant visa comeback so she could have a legal entry to the US. I'm not sure why the lawyer told you about asylum maybe you need a 2nd opinion. 

I am not sure what are the bases for the 601 but that is usually the process.

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

What is her inadmissibility requiring a waiver?

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Boiler Grand Master

Boiler   45,837

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Impossible to safely comment without some back up information, asylum claim suggests she is talking to the wrong lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Puchi08 Newbie

Puchi08   0

Posted
Timeline
  • Author
Posted

Her background and security checks showed, She provided a false name and/or date of birth to immigration officials when apprehended after attempting to enter the U.S without inspection. She said she was from Mexico and got let go there. We did not indicate this on the application 601A and that was denied, but that was also done with the wrong lawyer and it was never going to get approved as she did not provide any prove of hardship. 

Boiler Grand Master

Boiler   45,837

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Sounds like she might be 9C, lifetime ban waiverable after 10 years

 

Details matter.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

Assuming they entered without inspection again (since they were inadmissible for a visa due to the above),

1) She needs to interview abroad.

2) An I-601A won't apply here as that only covers unlawful presence.

3) An I-601 would need to be filed after being refused the visa (from abroad)...and the 10 year bar upon exit kicks in, although is also waivable via the I-601.

4) Potentially a 9C bar is in place, which means they can only apply for the waiver after being outside the US for 10 years.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
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