2 voluntary departures,chance for I601 waiver???

[AndEdu 0]

I have a question....In another topic i read that member DeannaA's husband was denied a I601 waiver due to 2 EWI and a over stay in US of over 365 days. How does INS determin the number of days accumulated in the US. I ask because I have applied for a K-1 I129F and currently my man is in Mexico (voluntary departure) for the 2nd time possibly a third but he can not remember if it was when he was a minor. Any way.....we have a child together and I have traveled to Mexico a few time to see him and visit the fam. DeannaA mentioned that other people were EWI more than 2-3 times and were still allowed to apply for a waiver. I know if or when we recive the apt for Juarez Mexico he will be denied the visa but is there a chance he will be offered the option for the waiver? What if the total time here in the state was less that 365 days how does he prove that? Or should I say....Who determins how that is calculated????? Do they rely on his word alone????? Should I prepare a waiver just in case....I have done sooo much research that I feel good about doing my own waiver. We talk just about ever night and are really counting on a waiver being offered. I want him to be prepared for the interview. I don't want him to slip up and say anything that would hurt his chances when asked about his illegal prencens in the US. Any tips...or are we counting on something that is a lost cause???

I wonder....do they really keep track of each time an illegal is caught in the US...When given the opt for voluntary departure they just loaded everyone in a van and sent them back to the Larado border. He was not asked how long he had been here or anything like that. No paper work or INS court. Same thing in the previous time. Just a scorn warning fr the patrol agent "now don't you try to come back because if you do you all will spend 10 yrs in jail. Is that true?

[kitkat1 5]

I responded here: http://www.visajourney.com/forums/index.php?showtopic=84266

DeannaA's husband wasn't denied due to 2 EWIs. He was denied because he re-entered the US without inspection after he had previously been unlawfully present for more then 365 total days.

A person can illegally enter the US every single day and return home every single night and have no negative impact until they have accrued more than 180 days of illegal presence. That's when the 3 year ban kicks in.If the same person accrued more than 365 days of illegal presence, it's a 10 year ban.If after they have accrued more than 365 days of illegal presence and then entered without inspection again, even for one day, a lifetime ban kicks in with a chance for a waiver 10 years after the person has left the US. That's why he was denied.

The time is calculated is based on the information you are required by law to provide on each of the forms -- the Fiance Visa application and the non-immigrant visa application. Each form has a section at the bottom:

I certify that I have read and understood all the questions set forth in this application and the answers I have furnished on this form are true and correct to the best of my knowledge and belief. I understand that any false or misleading statement may result in the permanent refusal of a visa or denial of entry into the United States. I understand that possession of a visa does not automatically entitle the bearer to enter the United States of America upon arrival at a port of entry if he or she is found inadmissible.

The applicant is also under oath at the interview. In addition, if he was ever caught entering ("catch and release") the consulate will know about it and probably have his fingerprints. He could also be asked for proof of the time he said he was in Mexico (light bills, phone bills, paystubs, etc) or proof of his life in the US. And if you don't tell the truth, you have to keep in mind that it's pretty difficult to not leave a paper trail in the US.

You should DEFINITELY have a hardship letter and evidence prepared. There's no question that he will be required to submit a waiver if he was illegally present. But if he re-entered after more than 365 days of illegal presence after 1997 and after he was 18, he will have a lifetime ban and will not be eligible for a waiver for 10 years.

You should also be sure you are 100% clear on the Ciudad Juarez pilot program and the need to make an infopass appointment for the day or so after his interview for waiver submission.

In the end, it's up to you if your choose to lie. But remember if he is caught lying, that just adds to the immigration problems since he will then be charged with misrepresentation, which requires a waiver.

I wonder....do they really keep track of each time an illegal is caught in the US...When given the opt for voluntary departure they just loaded everyone in a van and sent them back to the Larado border. He was not asked how long he had been here or anything like that. No paper work or INS court. Same thing in the previous time. Just a scorn warning fr the patrol agent "now don't you try to come back because if you do you all will spend 10 yrs in jail. Is that true

It's pretty likely they took his fingerprints. He won't spend 10 years in jail -- if he spent more than 365 days in the country before the re-entry, he'll have a lifetime ban and no option for a waiver for 10 years.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

C) MISREPRESENTATION

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

B ALIENS UNLAWFULLY PRESENT:

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

C) ALIENS UNLAWFULLY PRESENT AFTER PREVIOUS IMMIGATION VIOLATIONS.-

(i) In general.-Any alien who-

(I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or

(II) has been ordered removed under section 235(b(1), section 240, or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible.

(ii) EXCEPTION.-Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Attorney General has consented to the alien's reapplying for admission

[KitKat2 0]

if you reneter USA after overstay or deportation without authorization you will not be elegible for waiver

few exception cases are

1. 10 years have passed scicne you have been deported or left ..then you can apply for waiver

2. the violation and ewi's occurd before 1997 or before you are 18 yrs of age this dont count

3. you fall under 9th circuit and ur in country and expedited removal proceedings have not been initiated yet

in that case there is some chance.

[wwjd 0]

My daughter was in Montreal for her interview on Monday Aug. 27th and was denied a visa. She has been told she has to file an I601 with a letter from her U.S. citizen/husband proving extreme hardship. Together, they have a 2 1/2 year old daughter who her husband has been raising by himself because his wife (my daughter) isn't allowed into the states. The reason for the denial is that my daughter was living in the states for more than the allowed 180 days. She moved down there as a minor in March of 2002. In May of 2003, she turned 18. Apparently, the days don't accrue for a minor but I assume they started accruing when she turned 18. She returned to Canada in Feb or 2004 so from the time she turned 18 until she left the states the first time was around 260 days. She returned to the states with no problems at the border in late March of 2004 so the days would start accruing again. She got married in June, became pregnant and in October of 2004, came back to Canada for a visit and a baby shower. That was another duration in the states of around 200 days. She was in Canada for two weeks before again heading back to the states, once again with no problems at the border. So, the days started up again. The last time she left the states was in July of 2005 with her then 4 month old baby with her. At the time she left, I would say she accumulated around 280 days living in the states. When she went to return the last time, she was stopped at the border and denied entry. She had her 5 month old nursing baby with her at the time. So, she's been in Canada ever since trying to get the necessary documentation to return to her husband and baby. Her baby went back to the states and to her husband who has been raising her by himself now for over 2 years and my daughter has not seen her or held her since she gave him over to her husband. He can't come to Canada because he is a felon. She thought it was a done deal when she finally got notice of her interview in Montreal but as I said, she was denied a visa. Yes, my daughter broke the rules but she has never been down there for a continuous 365 days and frankly was ignorant of the ramifications of the situation she found herself in. She was taken down to the states by her mother when she was 16 then left abandoned on the street to fend for herself. She lived in a homeless shelter alone with no way of getting a job. It was her now husband that saved her from a life on the streets. Her mother is still living, I think illegally, in the states and won't even acknowledge her daughters or her grand-daughter's existance. Do you think this story would fall on kind ears when it's being adjudicated?

[kitkat1 5]

Do you think this story would fall on kind ears when it's being adjudicated?

The story doesn't matter unfortunately. The reasons for illegal presence are not taken into consideration, although a letter from her indicating her remorse at having broken US immigration law wouldn't hurt.

The only way for a waiver to be approved is if her husband successfully proves "extreme hardship" to him , with evidence supporting each claim, if her visa is ultimately denied. Hardship is to the US Citizen. (If she accumulated more than 365 days of total illegal presence and returned again to the US, she wouldn't even be eligible for a waiver - so she's lucky they are letting her file one).

Start by looking at the links in my signature -- the rules are basically the same for each consulate so it doesn't matter that the examples are from Mexico. Canadian waivers go to Vermont and take about 12-18 months for adjudication. You should definitely consult with a qualified attorney with experience in waivers submitted for Canada.