I-601 Waiver of inadmissability

[Davejay656 0]

Hi Everyone.

Back on December 11th 2006, we messed up at our interview at the embassy, we didn't have enough money in the bank for our I-864 affidavit of support. - Did you know that if you have $20,000 equity in your house it isn't enough for the I-864? - If you want to use property, they want to see 5 times the amount!!! - $16,500 x 5 = $82,500

Anyhow, I digress. Also, I couldn't produce another document they required, and they didn't like my Juvenile record either, so they suspended the application while we produced this missing document, found a co-sponsor or raised enough CASH for the I-864. They also gave us a I-601 waiver form to fill in. However, here's the interesting part. Did you know that if the Visa isn't stamped in your passport by the first anniversary of your medical exam, your application will be CANCELLED?

My medical was on 13th July 2006, and our visa interview at the embassy was on Dec 11th 2006. Needless to say we didn't raise the $16,500 by July 2007, which was the 125% of the poverty level they required for a household size of 2 back then. As you all know, $17,112 is the latest figure for the current year.) So I assumed my application would have been cancelled.

So I waited until after the 13th July 2007 and wrote to the embassy asking "What Now? The year has passed, how do I proceed?"

So here's the even more interesting part - They replied saying that all I needed to do was to have another medical, submit the missing document, and a co-sponsor form and the I-601 Waiver of inadmissability and then my application could continue.

My daughter lives with her father and step-mother in Florida and its her 18th Birthday in January 2008. My wife - she's the American citizen - wants us to visit her on her birthday. But because of my "Juvenille record", I cannot visit the USA on the 90 day visa waiver program. I have to visit the USA with a non-immigrant Visa. I hope you've kept up, because we're getting to the BIG question. . .

Looking at the Embassy's web site, it says that a visitor to the states who cannot travel on the 90 day waiver program, must be "admissable" or "have obtained a waiver of any inadmissability." Now, I was told at the interview that I MUST complete the application with the missing document and the co sponsor form, BEFORE I could submit the I-601 waiver form. Seeing as my application is suspended, not cancelled, and seeing as how they don't really like an applicant to travel to the states while an immigrant visa application is pending, we still haven't complied with their first two requests, ie the co-sponsor/more money thing, and that missing document. We are NEARLY there though!

I'm told I need to apply for a visitor visa (NON-IMMIGRANT vacation thingy for this one week's visit) and I needed to produce a police Subject Access thingy as well. Which I've just received after another 40 day wait and another £10. . . ah well!

Can I do this? Is the I-601 that I was given at my interview the same one thay want for the non-immigrant visa? Does anyone have any ideas?

My wife just asked me "What you doin' over there, writing a book?" Sorry this is a bit long folks.

I WILL get around to doing a time line thingy soon I promise. . .

Thanks for keeping up with my little novel lol

[andywv 0]

Hi Everyone.

Back on December 11th 2006, we messed up at our interview at the embassy, we didn't have enough money in the bank for our I-864 affidavit of support. - Did you know that if you have $20,000 equity in your house it isn't enough for the I-864? - If you want to use property, they want to see 5 times the amount!!! - $16,500 x 5 = $82,500

Anyhow, I digress. Also, I couldn't produce another document they required, and they didn't like my Juvenile record either, so they suspended the application while we produced this missing document, found a co-sponsor or raised enough CASH for the I-864. They also gave us a I-601 waiver form to fill in. However, here's the interesting part. Did you know that if the Visa isn't stamped in your passport by the first anniversary of your medical exam, your application will be CANCELLED?

My medical was on 13th July 2006, and our visa interview at the embassy was on Dec 11th 2006. Needless to say we didn't raise the $16,500 by July 2007, which was the 125% of the poverty level they required for a household size of 2 back then. As you all know, $17,112 is the latest figure for the current year.) So I assumed my application would have been cancelled.

So I waited until after the 13th July 2007 and wrote to the embassy asking "What Now? The year has passed, how do I proceed?"

So here's the even more interesting part - They replied saying that all I needed to do was to have another medical, submit the missing document, and a co-sponsor form and the I-601 Waiver of inadmissability and then my application could continue.

My daughter lives with her father and step-mother in Florida and its her 18th Birthday in January 2008. My wife - she's the American citizen - wants us to visit her on her birthday. But because of my "Juvenille record", I cannot visit the USA on the 90 day visa waiver program. I have to visit the USA with a non-immigrant Visa. I hope you've kept up, because we're getting to the BIG question. . .

Looking at the Embassy's web site, it says that a visitor to the states who cannot travel on the 90 day waiver program, must be "admissable" or "have obtained a waiver of any inadmissability." Now, I was told at the interview that I MUST complete the application with the missing document and the co sponsor form, BEFORE I could submit the I-601 waiver form. Seeing as my application is suspended, not cancelled, and seeing as how they don't really like an applicant to travel to the states while an immigrant visa application is pending, we still haven't complied with their first two requests, ie the co-sponsor/more money thing, and that missing document. We are NEARLY there though!

I'm told I need to apply for a visitor visa (NON-IMMIGRANT vacation thingy for this one week's visit) and I needed to produce a police Subject Access thingy as well. Which I've just received after another 40 day wait and another £10. . . ah well!

Can I do this? Is the I-601 that I was given at my interview the same one thay want for the non-immigrant visa? Does anyone have any ideas?

My wife just asked me "What you doin' over there, writing a book?" Sorry this is a bit long folks.

I WILL get around to doing a time line thingy soon I promise. . .

Thanks for keeping up with my little novel lol

whats your juvenile record / i thought under 18 did not count as criminal record?

[blueblue 0]

You can use a combination of income and assets to qualify on the I-864. For example, if the USC makes $15,000 and the level needed is $17,112, then you only needs assets totaling at least 2112 x 5 = $10,560.

If your application is a I-130, it is not canceled if you don't have the visa in a year. It is put on hold until you notify the embassy you want to proceed. Items like the medical expire which you have to pay and do again, but the petition is still good.

My daughter lives with her father and step-mother in Florida and its her 18th Birthday in January 2008. My wife - she's the American citizen - wants us to visit her on her birthday.

Your daughter lives with her father and step mother but you have a wife? I'm confused by this statement.

A juvenile record can be a problem if there is more than one conviction.

As to a nonimmigrant B2 visa for you, you will need to prove you have ties to the UK, house, job, etc. that you don't plan to abandon, otherwise the pending immigrant application may cause them to deny it outright. You can obtain a waiver 212d3 nonimmigrant waiver - if approved it can waive almost any inadmissibility for the duration of your visa. There is a form I-192 for this, but I have heard some embassies don't require the form. The 601 is only for the immigrant visa waiver. Ask the embassy what they require to request the B2 and a nonimmigrant waiver. I have heard widely divergent timelines for adjudication of these waivers, so best to get started asap if you want a chance of visiting in January.

[Ron/Sharon 0]

When wanting to travel to the States go to the top of the ladder, My visa was denied, I was given a I-601 and 212, I have a criminal record plus and wanted to go to my fiancée' father's funeral. What I did was I called the Customs and Border Patrol (CBP) office at the point I wanted to enter the States and asked if under my situation I could enter and to my surprise the answer was yes. Had I flown to the States I would have been given a 14 day parole but having gone by bus I was given a 7 day parole. I did have to supply a letter from 1. Employer 2. His doctor 3. Copy of I-601 and a copy of photo and information from passport.

It worked in our situation and still may in yours there is no harm in trying. You are dealing with USCIS to immigrate only, deal directly with Department of Homeland Security (DHS) if travelling with intent to return is your objective.

[blueblue 0]

When wanting to travel to the States go to the top of the ladder, My visa was denied, I was given a I-601 and 212, I have a criminal record plus and wanted to go to my fiancée' father's funeral. What I did was I called the Customs and Border Patrol (CBP) office at the point I wanted to enter the States and asked if under my situation I could enter and to my surprise the answer was yes. Had I flown to the States I would have been given a 14 day parole but having gone by bus I was given a 7 day parole. I did have to supply a letter from 1. Employer 2. His doctor 3. Copy of I-601 and a copy of photo and information from passport.

It worked in our situation and still may in yours there is no harm in trying. You are dealing with USCIS to immigrate only, deal directly with Department of Homeland Security (DHS) if travelling with intent to return is your objective.

USCIS is part of DHS, they are one in the same. Entering from Canada is quite different than other countries. The B2 visa is issued through the embassy (State Dept). The OP here still needs to get the visa before he can see if Border Patrol will allow him to enter. It is likely if he can convince the embassy to give the visa and 212d3 waiver, he wouldn't have problems at the border.

[Ron/Sharon 0]

When wanting to travel to the States go to the top of the ladder, My visa was denied, I was given a I-601 and 212, I have a criminal record plus and wanted to go to my fiancée' father's funeral. What I did was I called the Customs and Border Patrol (CBP) office at the point I wanted to enter the States and asked if under my situation I could enter and to my surprise the answer was yes. Had I flown to the States I would have been given a 14 day parole but having gone by bus I was given a 7 day parole. I did have to supply a letter from 1. Employer 2. His doctor 3. Copy of I-601 and a copy of photo and information from passport.

It worked in our situation and still may in yours there is no harm in trying. You are dealing with USCIS to immigrate only, deal directly with Department of Homeland Security (DHS) if travelling with intent to return is your objective.

USCIS is part of DHS, they are one in the same. Entering from Canada is quite different than other countries. The B2 visa is issued through the embassy (State Dept). The OP here still needs to get the visa before he can see if Border Patrol will allow him to enter. It is likely if he can convince the embassy to give the visa and 212d3 waiver, he wouldn't have problems at the border.

I am sorry for the mistake, I thought they were two different entities for the simple reason that 1. the consulate, which I thought was USCIS said denied do a I-601 and 2. the CBP, which I thought to be DHS where 3+ staff said ####### a I-601 for this. But you must be right because all my entry visa's were issued at the POE's

[blueblue 0]

There is also this info which may be useful to you. Since it is over 15 years since the convictions, you may qualify for the I-601 waiver on this lesser standard (lesser than extreme hardship) and also does not require a qualifying relative.

9 FAM 40.21(a) N4.1 Principal Alien

(CT:VISA-753; 06-29-2005)

An immigrant alien who is ineligible under INA 212(a)(2)(A)(i)(I) is eligible to apply for a waiver of ineligibility under INA 212(h) (see also 9 FAM 40.21(a) PN2) if it is established to the satisfaction of the Secretary of Homeland Security (DHS) that:

(1) The activities for which the alien is excludable occurred more than 15 years before the date of the alien’s application for visa;

(2) The alien’s admission to the United States would not be contrary to the national welfare, safety, or security, and

(3) The alien has been rehabilitated.