Juarez Direct Consular Filing I-601 Questions

[acajim 16]

Hello everyone

This is my first post, although I've been visiting this forum for several months now. I just opened this website's account and I haven't entered my timeline. I have a few questions and I'd like to give you a little story of my life:

Oct 1988 - arrived by plane to Los Angeles from Mexico with a visitor's visa

Nov 1988 - I went from Los Angeles to San Diego, I forgot to take the I-94 (don't ask me the reason, I kept it in the passport), on the way back, I was stopped at the checkpoint, taken out, I asked to please check their records, thinking they could log into the airport's system, I asked to speak with the Mexican consulate, the officer was very rude, he was trying to speak Spanish, and I didn't speak English at all, just French. They pressured me to sign my voluntary departure, cancelled my visa "without prejudice" and sent me by bus to Tijuana. I was just 21 Y/O, and naive, The friend I was visiting was out of town, and nobody else to help me. I stayed together with a group of other young guys that were deported. They were living in Los Angeles, so I thought it wouldn't be so bad to stay with them and cross back. I made it to Los Angeles and stayed until June/1990 learning English. I went back to Mexico, but we get used to the good things right away, and as soon as I landed, I wanted to come back.

My life in Mexico was easy for the most part, but I always felt discriminated for being gay, at school and work. I thought about going back to the consulate and explained what had happened, but I was told to just apply and mark on the form that I didn't have a visa before. I was young, no ties to the country, so I was denied. I applied 3 times in total.

Feeling that my personal and work life would be limited by the Mexican society, I decided to come to the US, I arrived to Los Angeles on Nov/1996, I entered without inspection. I met a wonderful person, we married as soon DOMA was down, on July/2013, I filed the I-130, I-601a, both approved, submitted the DS-260, my case is closed with the NVC and I'm just waiting for the interview appointment.

My lawyer told me that I will need to file the "traditional" I-601 after the interview, since the I-601a applies only for 1 entry and I have 2, and I also applied for a visa 3 times in 6 years, between 1990-1996, and unfortunately I found out too late that I could file for asylum for being gay.

I want to be prepared, I'm thinking about taking the 601 application ready so I can file it right after the interview. Do I need to file the I-212 also? The paralegal said that I could fill out the I-601 myself, since all the information can be transferred from the I-601a and just update the supporting documents. Do I need to bring anything else?

Thanx.

[canadian_wife 1,785]

Did you meet with a paralegal or an actual lawyer?

Sounds like you have 2 EWIs and you lied on your visitors visa application.

What hardships do you have? I do not think this is a DIY case even though your paralegal said to file it yourself

good luck

[Penguin_ie 5,984]

**** Moving from CR-1 spousal visa to Waivers forum *****

[rylforever 18]

Hello everyone

This is my first post, although I've been visiting this forum for several months now. I just opened this website's account and I haven't entered my timeline. I have a few questions and I'd like to give you a little story of my life:

Oct 1988 - arrived by plane to Los Angeles from Mexico with a visitor's visa

Nov 1988 - I went from Los Angeles to San Diego, I forgot to take the I-94 (don't ask me the reason, I kept it in the passport), on the way back, I was stopped at the checkpoint, taken out, I asked to please check their records, thinking they could log into the airport's system, I asked to speak with the Mexican consulate, the officer was very rude, he was trying to speak Spanish, and I didn't speak English at all, just French. They pressured me to sign my voluntary departure, cancelled my visa "without prejudice" and sent me by bus to Tijuana. I was just 21 Y/O, and naive, The friend I was visiting was out of town, and nobody else to help me. I stayed together with a group of other young guys that were deported. They were living in Los Angeles, so I thought it wouldn't be so bad to stay with them and cross back. I made it to Los Angeles and stayed until June/1990 learning English. I went back to Mexico, but we get used to the good things right away, and as soon as I landed, I wanted to come back.

My life in Mexico was easy for the most part, but I always felt discriminated for being gay, at school and work. I thought about going back to the consulate and explained what had happened, but I was told to just apply and mark on the form that I didn't have a visa before. I was young, no ties to the country, so I was denied. I applied 3 times in total.

Feeling that my personal and work life would be limited by the Mexican society, I decided to come to the US, I arrived to Los Angeles on Nov/1996, I entered without inspection. I met a wonderful person, we married as soon DOMA was down, on July/2013, I filed the I-130, I-601a, both approved, submitted the DS-260, my case is closed with the NVC and I'm just waiting for the interview appointment.

My lawyer told me that I will need to file the "traditional" I-601 after the interview, since the I-601a applies only for 1 entry and I have 2, and I also applied for a visa 3 times in 6 years, between 1990-1996, and unfortunately I found out too late that I could file for asylum for being gay.

I want to be prepared, I'm thinking about taking the 601 application ready so I can file it right after the interview. Do I need to file the I-212 also? The paralegal said that I could fill out the I-601 myself, since all the information can be transferred from the I-601a and just update the supporting documents. Do I need to bring anything else?

Thanx.

Hi, did you disclose all of this on your i601a when it was approved? what your attorney/paralegal is saying is strange. you may want to check out the site immigrate2us.net they are awesome with tons of waiver situations, but your multiple entries may be an issue. you may want to put this on the other site since they deal so much more with waivers over there, i would just hate for you to go to your interview and be stuck with a 5 year or 10 year ban before being able to file your i-601 if you need one.

[acajim 16]

I do have 2 EWIs, I used a lawyer for all the process, but usually the lawyer reviewed the paperwork before sending it. I interacted with her paralegal all the time. I did disclose all this when I applied for the I-601a. That's the reason the lawyer said I'd have to submit the I-601 after the interview. I'll check the other website. Thanx again

[jan22 2,897]

Unfortunately, it sounds like you have a 212(a)(9)© ineligibility -- entering without inspection after having been denied entry/removed from the U.S. This is waiverable when there is qualifying relative (your spouse) BUT only after your have been outside the U.S. for 10 years. There is no waiver available prior to that. I would go back to your lawyer and ask them specifically about 9C.

[acajim 16]

This ban, Jan22, is taking in consideration that all happened before 1997, before the Madelaine Albright memo? Would I be affected by the 10-year ban?