Hypothetical - If I withdraw PR Application with approved 601A waiver

[rachel6992 17]

Hi all,

I'm not sure if anyone here has experience with this... Let's say you are petitioning your spouse and children (as a PR) to come to the US.  Your spouse had to file a 601A waiver and it got approved.  You are waiting for the interview date, but then decide that you want to live in their country of citizenship (in this case, Canada) and not pursue a green card in the US, therefore withdrawing your application.

 

I realize this would negatively impact the petitioner, who is a green card holder, as they will be leaving the US and living in Canada.

 

1. Are there any implications for future travel for the spouse to the US? Since there was initially a waiver required for PR application

2. Are there any other implications that may not be immediately apparent?

 

Thanks!

[Boiler 45,733]

So the Green Card holder will abandon their US Residency. They might need a visa to visit the US, depends on their nationality and prior US Immigration history.

[rachel6992 17]

Thanks for your reply! Green Card holder is also Canadian. Lived in US on green card for about 20 years - applied for citizenship 18 months ago, but well, with Covid and all there's no telling if/when that's going to happen! 

[Boiler 45,733]

Just now, rachel6992 said:

Thanks for your reply! Green Card holder is also Canadian. Lived in US on green card for about 20 years - applied for citizenship 18 months ago, but well, with Covid and all there's no telling if/when that's going to happen! 

Certainly sounds like as an ex GC Holder with Canadian Citizenship you should have no difficulty visiting. Do you want to follow through in US Citizenship first?

[rachel6992 17]

Thanks!  Also, I wasn't as concerned with my ability to re-enter as I was my spouse's. He is a Canadian citizen as well but had to apply for the 601A waiver for an overstay (which was approved).  If he withdraws his application and we live in Canada - will that waiver impact his ability to travel in the US?

 

 

[Boiler 45,733]

His overstay will seriously impact his ability to visit the US.

[rachel6992 17]

Hmm ok, yeah that's what I thought, even with the approved waiver - since he wouldn't be pursuing a PR anymore.  I wonder if the waiver would show up when they scan his passport at customs when he arrives at a POE?  Or are you saying it would come up if the border officer digs into his entries/exits at a POE?

[Boiler 45,733]

The I 601A waives illegal presence when seeking an Immigrant Visa, not a Tourist Visa. Well Canadians are a little bit different as far as visiting but same principle.

[SalishSea 17,970]

14 hours ago, rachel6992 said:

Hmm ok, yeah that's what I thought, even with the approved waiver - since he wouldn't be pursuing a PR anymore.  I wonder if the waiver would show up when they scan his passport at customs when he arrives at a POE?  Or are you saying it would come up if the border officer digs into his entries/exits at a POE?

There are no waivers for B entry bars.

[African Zealot 1,455]

The prudent thing to do in this case in my opinion is go through till they get a green card and then they can relinquish it. At that point the ban will have been fully "spent" since their status changed. Subsequently they can enter without that overhang

[jan22 3,056]

4 hours ago, Jorgedig said:

There are no waivers for B entry bars.

Perhaps you meant pre-visa application waivers (i.e., the 601a) -- which is only available to certain immigrant visa applicants -- but there are certainly waivers for non-immigrant visa applicants, including B visas.  They just cannot be filed for prior to departing the US and filing a subsequent non-immigrant visa application.  And, they are less likely to be approved, especially if the ineligibility was for a recent action -- for a lengthy overstay, it would be years before a waiver would likely be approved.

Edited January 11, 2022 by jan22

[rachel6992 17]

Thanks everyone for your responses!  We will likely see it through, and then decide what to do.  Since there could be difficulty in travel if we pull out now (or if he gets denied at the interview), I tend to agree with @African Zealot that we should finish the process and go from there.

 

I appreciate all of your insight and comments!  Happy new year!  

 

[EM_Vandaveer 2,408]

1 hour ago, rachel6992 said:

Thanks everyone for your responses!  We will likely see it through, and then decide what to do.  Since there could be difficulty in travel if we pull out now (or if he gets denied at the interview), I tend to agree with @African Zealot that we should finish the process and go from there.

 

I appreciate all of your insight and comments!  Happy new year!  

 

Prudent thing would be to become a USC first & never have to worry anymore about whether one will be allowed to enter.

[SalishSea 17,970]

4 hours ago, jan22 said:

Perhaps you meant pre-visa application waivers (i.e., the 601a) -- which is only available to certain immigrant visa applicants -- but there are certainly waivers for non-immigrant visa applicants, including B visas.  They just cannot be filed for prior to departing the US and filing a subsequent non-immigrant visa application.  And, they are less likely to be approved, especially if the ineligibility was for a recent action -- for a lengthy overstay, it would be years before a waiver would likely be approved.

So an applicant for a B visa who seeks a waiver would need to demonstrate hardship if denied ability to travel as tourist to the US?

[Boiler 45,733]

3 minutes ago, Jorgedig said:

So an applicant for a B visa who seeks a waiver would need to demonstrate hardship if denied ability to travel as tourist to the US?

No, a qualifying relative is not required. They would need to be recommended for a waiver.