I-601A transferred from Nebraska

[Gloinrigo 0]

🧐

[geowrian 22,337]

Is this a question...?

[Gloinrigo 0]

, I sent my I-601A in Feb 2018, by June I received a notice of my case being transferred to Poromac , as today Aug 9 2018 I haven’t heard of them yet

also

I came Without inspection , a year later my sister brought my kids with tourist visas as her children ,and they stayed after visa expired  I will have to say that in the interview for waiver ? Can I omit that fact ? I am going to be denied for that reason? 

[geowrian 22,337]

They may ask about the status of any family members and/or their status in the US. I believe the DS-260 asks for their current address as well. There is no paperwork I'm aware of off-hand that requests their status within the US, but as noted the CO can still ask the question and you must answer honestly if they do. It shouldn't have any impact on your visa.

You don't need to disclose information unless it is requested.

 

Just to clarify...your sister claimed your children as her children? When/Where (i.e. on the DS-160, in the interview, at the border, etc.)? If so, that's potentially a very, very serious offense with a permanent bar (misrepresentation, assuming it is deemed material). Or maybe even alien smuggling?

Edited August 9, 2018 by geowrian

[Gloinrigo 0]

6 minutes ago, geowrian said:

They may ask about the status of any family members and/or their status in the US. I believe the DS-260 asks for their current address as well. There is no paperwork I'm aware of off-hand that requests their status within the US, but as noted the CO can still ask the question and you must answer honestly if they do. It shouldn't have any impact on your visa.

You don't need to disclose information unless it is requested.

 

Just to clarify...your sister claimed your children as her children? When/Where (i.e. on the DS-160, in the interview, at the border, etc.)? If so, that's potentially a very, very serious offense with a permanent bar (misrepresentation, assuming it is deemed material).

 She was legal guardian !

[geowrian 22,337]

1 hour ago, Gloinrigo said:

 She was legal guardian !

So if she only said they wee her kids, it's reasonable (IMHO) that she only meant she is responsible for them.

If she claimed them on paperwork as biologically hers, then that's a different situation.

Either way, it's not an issue for your visa.

[HoosierEh 21]

2 hours ago, Gloinrigo said:

, I sent my I-601A in Feb 2018, by June I received a notice of my case being transferred to Poromac , as today Aug 9 2018 I haven’t heard of them yet

also

I came Without inspection , a year later my sister brought my kids with tourist visas as her children ,and they stayed after visa expired  I will have to say that in the interview for waiver ? Can I omit that fact ? I am going to be denied for that reason? 

 

Hi,

 

Earlier this year there was information released that Potomac would be processing I601A Waivers to share the load of work. You have been notified where your waiver is and now you have to do the hard work of waiting. We all do.

 

Cheers

 

 

[HoosierEh 21]

6 minutes ago, geowrian said:

So if she only said they wee her kids, it's reasonable (IMHO) that she only meant she is responsible for them.

If she claimed them on paperwork as biologically hers, then that's a different situation.

Either way, it's not an issue for your visa.

 

Hi,

 

Just a question that pertains to this topic - during my interview I was asked several questions about my children and they are both over 18, live on their own/with dad. I was told that it was because they have the right to assess my application and if I have intentions of petitioning for my children in the future. Which I answered that I did not.

 

In this particular scenario, enter without inspection, kids brought over the border legally on a visitors visa by a guardian (and I am going to admit we do not know if this is legal guardianship through a court which would be of importance here non?) but with the intention of overstay; when the legal father is now applying for a waiver on Grounds of Inadmissibility, I would think his waiver application (like mine) does include his kids, their circumstance and guardianship.

 

How could an illegal parent with illegal children in the US not have them impact his application? He would have to prove legal guardianship himself ...  If the kids are here and dad has to go back to his native country, what happens to children in this scenario. Do kids in this circumstance now need waivers?

 

I am not being negative here I am sincerely curious how this would work and how a child's status would not impact a parents visa.

 

Thank you in advance,

cheers

[geowrian 22,337]

On 8/9/2018 at 5:00 PM, HoosierEh said:

Just a question that pertains to this topic - during my interview I was asked several questions about my children and they are both over 18, live on their own/with dad. I was told that it was because they have the right to assess my application and if I have intentions of petitioning for my children in the future. Which I answered that I did not.

 

In this particular scenario, enter without inspection, kids brought over the border legally on a visitors visa by a guardian (and I am going to admit we do not know if this is legal guardianship through a court which would be of importance here non?) but with the intention of overstay; when the legal father is now applying for a waiver on Grounds of Inadmissibility, I would think his waiver application (like mine) does include his kids, their circumstance and guardianship.

 

How could an illegal parent with illegal children in the US not have them impact his application? He would have to prove legal guardianship himself ...  If the kids are here and dad has to go back to his native country, what happens to children in this scenario. Do kids in this circumstance now need waivers?

 

I am not being negative here I am sincerely curious how this would work and how a child's status would not impact a parents visa.

 

Thank you in advance,

cheers

It's absolutely possible they can ask about the children. But I stand by that it's not a consideration for issuing the visa or not. There's nothing wrong (legally or policy-wise) with planning to petition others in the future, so the answer shouldn't matter (unless they believe the marriage is just to get a green card and petition them...but this is why showing a strong bona fide marriage case is crucial).

 

The I-601A's approval is completely discretionary, so that is where it could be a consideration, but honestly....if the filer's only issue is unlawful presence and they present a decent case for an I-601A, it's very very likely to be approved. That's just the way it is, really (which is very different than an I-601 for a visa abroad or for other inadmissibilities).

That's not to say it couldn't, be an issue for the I-601A...just that historically it has not been the case.

 

The children would not need a waiver for AOS since they could be petitioned by the OP's spouse (assuming the spouse is a USC, which is an assumption here...if the spouse is an LPR, then AOS isn't possible with an overstay). Overstay is ignored for AOS purposes as the child/stepchild of a USC.

If the children were to interview for a visa abroad (instead of doing AOS), no waiver would be needed since unlawful presence doesn't accrue until age 18.

If the children are 18+, then some of the above statements may not apply. The Op hasn't stated their ages, but since they mentioned they have a legal guardian, I'm using a working assumption that they are still minors.

 

Illegal entry is not ignored, hence why the OP needs an I-601A and visa obtained while abroad.

Edited August 13, 2018 by geowrian

[HoosierEh 21]

On 8/13/2018 at 12:53 AM, geowrian said:

It's absolutely possible they can ask about the children [ ... ] Illegal entry is not ignored, hence why the OP needs an I-601A and visa obtained while abroad.

Hi, 

 

Thank you for taking the time out to answer that, not that I can wrap my head around all nuances of US immigration law but I understand a bit better now. 

 

I  thought he was in the US illegally and knowingly bringing your children over under the care of someone else while illegally in the country was the issue. It's like denying the border service members information. 

 

I'm going to assume the only reason they asked me about my kids was so that it was in a file someplace once my underage children did travel to see me. I'm sure they were on the radar. They're both of age so not an issue. 

 

Again thank you and best of luck to the gentleman posting, didn't mean to take over with a question of my own. 

 

Cheers