Would we qualify for a I-601 waiver

[nmaciel 0]

Thanks for your replys..another questions. My husband EWI in 1990, left in 2000 for a month and then EWI again. I requested his background check/fingerprints through the FBI, everthing came clear. By him leaving in 2000, would this dein him a I601 waiver?

[YuAndDan 153]

If you mean he overstayed a visa, DOS may have a record of this or will get this from DHS, and you may have to file I-601 if and when this comes up. FBI may give you a clean record, but that has to do with a criminal record, the entry and exits from the country are recored by DHS.

[Yodrak 7]

nmaciel,

You need to be discussing this with an immigration attorney who has had experience with such cases.

Yodrak

Thanks for your replys..another questions. My husband EWI in 1990, left in 2000 for a month and then EWI again. I requested his background check/fingerprints through the FBI, everthing came clear. By him leaving in 2000, would this dein him a I601 waiver?

[AGarcia 0]

I do not think that you will qualify for a waiver. According to the 1997 law that passed any person that entered the US more than once would be denied a waiver. If he would have left before this law in 1997 and then came back he would have qualified because any entry and exit prior to April 1997 does not count, but since he left more than one year after the 1997 law that exit will count and then he re-entered again.

Even if and FOIA comes back clean you can not lie on the application. That is fraud and is not good for anyone. Just like others have said you may want to consult a lawyer, but this is what I have heard.