Please Help Immigration Case

[lala123love 2]

Yeah, it is for a family immigration case. I believe the 601 waiver is for a spouse or parent no?

[lala123love 2]

Thank you all for your replies. 

[geowrian 22,335]

1 minute ago, lala123love said:

Yeah, it is for a family immigration case. I believe the 601 waiver is for a spouse or parent no?

Yes. I-601 for unlawful presence must have a US petitioner that is a spouse or parent. I'm assuming by your statement that this isn't the case for you, sorry.

 

https://www.uscis.gov/system/files_force/files/form/i-601instr.pdf

"With the application, you must establish that your qualifying U.S. citizen or lawful permanent resident relative (spouse or parent) or K visa petitioner would experience extreme hardship if you were denied admission."

[lala123love 2]

Yeah, we arent eligible for that 

 

Wait, so will they count the five years we were in the US under f1 as unlawful presence as well.

Because I am under this case as well and Im not aware of any problems under my name. 

I am the last one one of my sisters got married in america and the other was here with me and left with K1 visa. 

[geowrian 22,335]

Just now, lala123love said:

Yeah, we arent eligible for that 

 

Wait, so will they count the five years we were in the US under f1 as unlawful presence as well.

Because I am under this case as well and Im not aware of any problems under my name. 

I am the last one one of my sisters got married in america and the other was here with me and left with K1 visa. 

How old were you? Minors don't accrue unlawful presence.

[lala123love 2]

i was a minor until i turned 18 and applied for my own f1 visa. though it was processing for a very long time because my school counselor messed up my paperwork. 

[geowrian 22,335]

Just now, lala123love said:

i was a minor until i turned 18 and applied for my own f1 visa. though it was processing for a very long time because my school counselor messed up my paperwork. 

Then you're fine. Once you turn 18, you start accruing unlawful presence from that point onward (unless you then gained status, like you did).

[Coco8 1,039]

2 minutes ago, lala123love said:

Wait, so will they count the five years we were in the US under f1 as unlawful presence as well.

 

That is what I think you need to find out. There might be a loophole depending on how the law/regulation is written. I think your case is so weird, they might not have encountered one like this before, so you cannot take what they told you at the interview. I would definitely try to get an immigration liaison from the senator's office on the phone. They might be able to find out this for you. 

[lala123love 2]

Okay thank you very much for your time. I really appreciate it 

[Coco8 1,039]

 

 

I think I misunderstood when you said this:

24 minutes ago, lala123love said:

 

Wait, so will they count the five years we were in the US under f1 as unlawful presence as well.

 

I said this:

 

19 minutes ago, Coco8 said:

 

That is what I think you need to find out. There might be a loophole depending on how the law/regulation is written. I think your case is so weird, they might not have encountered one like this before, so you cannot take what they told you at the interview. I would definitely try to get an immigration liaison from the senator's office on the phone. They might be able to find out this for you. 

 

I basically mean that if the law says that your 10 year ban starts when your mom depart the U.S. that time your family was in the U.S. illegally, then the 10 years started when your mom and dad left. If your dad's 10 year ban is over, then your mom's 10 year ban should be over as well. It depends on what the exact words and interpretation of the law is; there might be some court case relevant for this. 

 

The section of the law is here: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html

 

Because you were a minor you have no ban. 

 

 

 

 

 

 

 

Edited June 23, 2017 by Coco8

[lala123love 2]

The embassy said that my mothers ban will be over when she left us in 2008 after my father. 

[f f 725]

do you mean she left the us in 2008 or have the ban finished in 2008?

[lala123love 2]

she left in 2008

[geowrian 22,335]

4 minutes ago, lala123love said:

she left in 2008

Then yup, she got the 10 year ban for overstay. They did not count the entry on the F-1 against her (which I assumed but wasn't certain how they would treat it).

[f f 725]

depending on the date she left it might not be worth doing a waver since she can get a visa a day after the ban. and they may not process the waver by then anyways.