I601a

[Kaydada 0]

I came to the US 15yrs ago with a different passport and different name.am currently married to a usc for 8yrs and we have 2kids together.i have never left the US since my initial entry.i filed i601a with my passport and name..am still awaiting a decision.i just want to know if the i601a is approved..will I run into problem with consular being that I came to the us with inspection with a different person passport and different name..will that make me inadmissible? Or what option do I have pending the i601a approval

[bakphx1 785]

It's not on the list of things that make you automatically inadmissible.   It seems closer to the point of what you are getting a waiver for.  I would ask an attorney just in case. 

[Going through 5,668]

4 hours ago, Kaydada said:

.i just want to know if the i601a is approved..will I run into problem with consular being that I came to the us with inspection with a different person passport and different name.

Do you mean you crossed the border using someone else's passport?  If the passport you used was a US passport, and you were an adult at the time, you would have been claiming you were a US citizen at the border...which *could* make things more difficult with a waiver being approved, but not impossible.  

[NigeriaorBust 4,087]

  False claim to USC is a life time bar with no possible waiver.  So if he used a US passport then he is toast.

[Kaydada 0]

It was NOT a US passport and I was 17yrs at the time of entry.

[Going through 5,668]

2 hours ago, Kaydada said:

It was NOT a US passport and I was 17yrs at the time of entry.

Good luck with your waiver approval.  I'm sure they will take many things into consideration when looking at the entire picture.

[Boiler 43,425]

Sounds like you need a 601 as well.

[Kaydada 0]

If I need a 601.can I file it in the US before I depart for the interview

[Boiler 43,425]

You will only know if one is needed at the Interview, the Consulate will investigate your history and determine if you have inadmissibilities that need waiving and can be waived.

[Kaydada 0]

Ok..is there a different way they determine inadmissiblity.if I came her with a different non us passport and different name..I put that on my IV application..won’t that automatically make me inadmissible..am sure they will see that on my application.

[Boiler 43,425]

Obviously we do not know your full case, so some general comments.

 

If you are inspected then you can adjust in country so I presume you have no evidence you were inspected.

 

I was sort of assuming the use of a false passport would or could result in a Misrepresentation charge and need a waiver.

[geowrian 22,335]

Exactly. If you do not have evidence of being inspected, then you won't be able to AOS. And using falsified documents (or real documents but falsifying that you are that person at POE) is a good cause for a material misrepresentation bar. If so, you will be refused after the interview and presented with the option to for a waiver (assuming you are otherwise eligible for the visa). If refused, you will need an I-601 for the misrepresentation bar and for the bar due to unlawful presence (the I-601A won't apply once refused due to another inadmissibility).

 

If the passport was a US passport or you otherwise claimed to be a USC, then there is no path as that is not a waivable inadmissibility.

[Kaydada 0]

Thank you for your reply.i do have the i-94 card that showed I was inspected.but the card shows the name on the passport I used at the poe..since am trying to adjust my status with name..I filed the i601a.and if that’s approved I will have to go to my country and face the consular..and am not sure if that will pose a problem to get stuck.or is there anyway to AOS status in the US with my name w/o having to leave the US

[Boiler 43,425]

Intrigued as to what your Lawyer said.

[Going through 5,668]

11 minutes ago, Kaydada said:

Thank you for your reply.i do have the i-94 card that showed I was inspected.but the card shows the name on the passport I used at the poe.

Technically (and legally, in terms of immigration law) you weren't inspected....the "person" whose name was on the passport was inspected.

As far as I know, there is no way for someone in your specific situation to adjust status without leaving the country first----since you have no legal status to adjust from.

Edited February 21, 2018 by Going through