I-601 Help!! Please!!

[Lisa15 0]

Ok here is our story: On Feb. 25 1999 my husband recieved an order to remove or deport alien he was 13 years old at the time he was barred for ten years. he and his parents went to mexico and stayed there for a few days and came back across the border. he lived in the states for the next 11 years and in march 2010 he and his parent were deported again. the ICE officers only gave my husbands dad a bar this time for 20 years and him and his mom didnt recieve anything. we got married in may 2010 in canada and hired a lawyer to help with the paperwork. the lawyer told us that we had to file the I-212 before we start doing anything and he never mentioned that we would have to file the I-601 so we just filed the I-212 and it was approved.(We no longer have this lawyer helping us) then we went on with the I-130 and we have now gone through that whole process and we had our interview date at the u.s consulate in montreal on the 4th of november and we were told that we need to file the I-212 and the I-601 and so since we already did the I-212 we were told that we just have to do the I-601. and once we have mailed the consulate the approved I-601 they will give my husband his visa.

So i was wondering if anyone has gone through this or if anyone has some advise for us? Why do we have to file the I-601? and where do we send it too?

[Justme2011 0]

Why was he banned for 10 years if he was under age? Was he in the u.s.a illegal?

[Jojo92122 1,924]

The husband must have received a ban, otherwise there would be no need to file the I-601 Waiver of Inadmissibility. Husband was 13 years old in 1999. He was deported a second time in 2010; when he was 24. This means he has at least a year of unlawful presence after the age of 18. This subject him to a 10 years ban. This is why the I-601 is necessary.

[Brother Hesekiel 2,235]

The I-212 is for deportation; the I-601 for unlawful presence. Both bars are served concurrently and the reasons for both bars are identical. What that means is that the reasons that got your I-212 approved should be sufficient to do the same to the I-601.

[hikergirl 277]

In the instruction booklet for I-601 form : If you Live Outside the United States, you must submit Form I-601 to the U.S. Embassy or consulate where you are applying for a visa.

On the Montreal consulate website:

Our mailing address is:

BOX 500-315 Place d'Youville

Montreal (Quebec) H2Y 0A4

I would personally recommend it be sent Express Post through Canada Post so it's trackable. If you are sending it Courier, you'll need to find a street address for the Consulate because Canada Post only is allowed to use the PO Boxes.

Good Luck!

[JimVaPhuong 4,863]

The I-212 is for deportation; the I-601 for unlawful presence. Both bars are served concurrently and the reasons for both bars are identical. What that means is that the reasons that got your I-212 approved should be sufficient to do the same to the I-601.

This is correct. The hardship requirements for both waivers are exactly the same. If the I-212 was approved, then the I-601 will also be approved. Fill out the form, attach a copy of the evidence you used for the I-212, and hand it over to them. You'll get the visa.

[momof1 205]

ayayay!!! The requirements for both waivers are not the same. The 212 waiver, permission to reapply after deportation or removal, is a discretionary waiver with extreme hardship being only one of the factors looked at when making a decison. A 601 waiver of inadmissibility isn't going to be approved on those factors(family ties, good moral character, length of time since immigration violation, circumstances surrounding immigration violation..etc)alone. The largest determining factor in whether or not a waiver of inadmissiblity is approved is whether or not you demonstrated extreme hardship. Generally, the 601 is the difficult waiver to be approved and if that one is approved then the 212 is approved as well. I know it may seem like semantics but the standard is very different. Just look at a lone 212, although rare in comparison to 601s or 601/212 combos, where there is no requirement to show extreme hardship.

I have an approved 601 and 212 waiver for my husband from 2009. If you would like to read our lawyer prepared harship letter you are welcome to go to immigrate2us.net and look under the Western Europe/North Africa subforum. It will be under the link for Approved hardship letters.

[momof1 205]

Ok here is our story: On Feb. 25 1999 my husband recieved an order to remove or deport alien he was 13 years old at the time he was barred for ten years. he and his parents went to mexico and stayed there for a few days and came back across the border. he lived in the states for the next 11 years and in march 2010 he and his parent were deported again. the ICE officers only gave my husbands dad a bar this time for 20 years and him and his mom didnt recieve anything. we got married in may 2010 in canada and hired a lawyer to help with the paperwork. the lawyer told us that we had to file the I-212 before we start doing anything and he never mentioned that we would have to file the I-601 so we just filed the I-212 and it was approved.(We no longer have this lawyer helping us) then we went on with the I-130 and we have now gone through that whole process and we had our interview date at the u.s consulate in montreal on the 4th of november and we were told that we need to file the I-212 and the I-601 and so since we already did the I-212 we were told that we just have to do the I-601. and once we have mailed the consulate the approved I-601 they will give my husband his visa.

So i was wondering if anyone has gone through this or if anyone has some advise for us? Why do we have to file the I-601? and where do we send it too?

You have to file the 601 because he accrued more than 180 days of unlawful presence after his 18th birthday. I'm actually quite surprised he is being allowed to file a waiver. I'd dare to say that they don't see many of these cases in Canada, but there is a provision of the law called 212a9ci and 212a9cii. The first provision applies to thsoe who were unlawfully present for more than one year post april 1997, departed the US and then returned again without inspection. How did he enter the US when they returned after a few days in MX? The other provision is for those deported who enter again without inspection or attempt to enter without inspection. Once again, it's important how they entered the US again after their stop in MX. I should also let you know that there is no minor exception under this section of the INA. The consequence would be the inability to file a waiver until ten years have been spent outside of the US. I'm not trying to scare you but it's very important for you to know the details as sometimes COs miss something that's found out later by the adjudicating officer.

At a minimum you're going to have to file a waiver, but I think that's not too bad considering the other scenario. If he came with inspection then pay no mind to what I've said.

[Lisa15 0]

Why was he banned for 10 years if he was under age? Was he in the u.s.a illegal?

Not sure why he recieved a ban. yes he was there illegally.

[Lisa15 0]

You have to file the 601 because he accrued more than 180 days of unlawful presence after his 18th birthday. I'm actually quite surprised he is being allowed to file a waiver. I'd dare to say that they don't see many of these cases in Canada, but there is a provision of the law called 212a9ci and 212a9cii. The first provision applies to thsoe who were unlawfully present for more than one year post april 1997, departed the US and then returned again without inspection. How did he enter the US when they returned after a few days in MX? The other provision is for those deported who enter again without inspection or attempt to enter without inspection. Once again, it's important how they entered the US again after their stop in MX. I should also let you know that there is no minor exception under this section of the INA. The consequence would be the inability to file a waiver until ten years have been spent outside of the US. I'm not trying to scare you but it's very important for you to know the details as sometimes COs miss something that's found out later by the adjudicating officer.

At a minimum you're going to have to file a waiver, but I think that's not too bad considering the other scenario. If he came with inspection then pay no mind to what I've said.

He returned with his canadian citizenship.

Thanks for all the advice.

[momof1 205]

I'm still confused as to why they went to MX. Anyway, there are some tricky rules with Canadians and unlawful presence. Basically, they are not considered out of status until a judge declares them out of status. There is a lawyer in Buffalo, NY who claims some success in this type of scenario. I can get his info for you and you can look into filing an advisory opinion. I wish I could give you more info but that's all I know about it.