NEED HELP WITH I-601A PLEASE

[nsk143 2]

HI,,

I CURRENTLY LIVING IN CANADA I HAVE FEW QUESTIONS ABOUT THIS NEW RULE FOR I-601A WAIVER

QUICKLY ABOUT ME I WAS OVERTAYED IN USA FROM 1997 TO 2000 AND I WAS 17YRS OLD IN 1997 , IN JUNE 2000 I RECEIVED MY CANADIAN IMMIGRATION (LANDED IMMIGRANT ) THEN I WAS GOING BACK N FORTH TO USA AND CANADA BUT IN 2003 USA START THE VISA REQUIREMENT FOR PR CARD HOLDER FOR CANADIAN THEN I APPLIED A USA VISA AT TORONTO AND I RECEIVED MY USA VISA FOR 1 YEAR APPROVED AND I WENT TO SEE MY FAMILY ONCE ON THAT VISA , THEN IN 2005 I BECOME CITIZEN OF CANADA AND I TRIED TO GO BY BORDER AND THEY STOPED ME THEIR AND GAVE ME U.S WAIVER AND BARRED ME FOR 10 YEARS FROM 2000 TO 2010 AND I APPLIED FOR U.S WAIVER AND GOT APPROVED FOR 1 YEAR IN 2009 BUT I NOTICED THEY ADD A NEW CLAUSE THEY PUT A PERMANENT BAR ON ME FOR MISREPRESENTATION I NOTICE THAT AT THE AIRPORT WHEN I ASK THE CUSTOM N BORDER OFFICER AFTER A DEEP SEARCH I FIQURE OUT WHY THEY GAVE ME THAT WHEN I APPLIED FOR USA VISA AT TORONTO I UNWILLING-FULLY ON THE FORM MARK NO ( THERE WAS A FEW YES OR NO QUESTION I THINK 1 SAY SOMTHING ABOUT IF I EVER OVERSTAYED OR SOMTHING IN USA I MARKED NO BUT THAT WAS A MISTAKE NEHOW ,

IN 2010 THEY REMOVED THE 10 BAR FROM ME I APPLIED AGAIN FOR U.S WAIVER IN 2012 JAN AND I GOT APPOVED IN 30 DAYS OR LESS BUT THEY APPROVED ME FOR 5 YEARS THIS TIME SO I HAVE A VALID U.S WAIVER TILL 2017

ALSO WANT TO ADD ( MY PARENTS SISTER AND BROTHER LIVE IN USA BROTHER IS CITIZEN AND PARENTS ARE GC HOLDER ALSO MY BROTHER IS MARRIED AND HAVE A SPECIAL CHILD WHICH IS WHY I WANT TO MOVE TO USA MY PARENTS NEED MY HELP AND ALSO MY BROTHER FILLED I-130 FOR ME IN NOV 2005 WHICH IS ALREADY OVER 7 YEARS OR SO AND I HAVE A FILE NUMBER AND STUFF

NOW HERE IS THE QUESTION WHICH I WOULD LIKE TO GET SOME RESPONSE ABOUT AND THANKS IN ADVANCED IF SOMEONE CAN ANSWERED FOR ME

1. I SEARCH ALOT ABOUT I-601A CAN I APPLY FOR THAT WHAT ARE THE CHANCES BECAUSE I AM HOLDING THE VALID U.S WAIVER BUT I KNOW THEY WONT APPROVED MY I-130 AT INTERVIEW TIME AND I HAVE TO FILE I-601 AT THAT TIME

ALSO WHAT OTHER OPTIONS I HAVE LET ME KNOW IF I CAN DO SOMTHING TO APPLY IN MARCH 2013 FOR I-601A SO I CAN START WORKING ON THAT

ALSO I M MARRIED AND HAVE 2 KIDS REALLY WANT TO MOVE BACK TO USA SO I CAN LIVE MY PARENTS

THANKS

[nsk143 2]

HI,,

I CURRENTLY LIVING IN CANADA I HAVE FEW QUESTIONS ABOUT THIS NEW RULE FOR I-601A WAIVER

QUICKLY ABOUT ME I WAS OVERTAYED IN USA FROM 1997 TO 2000 AND I WAS 17YRS OLD IN 1997 , IN JUNE 2000 I RECEIVED MY CANADIAN IMMIGRATION (LANDED IMMIGRANT ) THEN I WAS GOING BACK N FORTH TO USA AND CANADA BUT IN 2003 USA START THE VISA REQUIREMENT FOR PR CARD HOLDER FOR CANADIAN THEN I APPLIED A USA VISA AT TORONTO AND I RECEIVED MY USA VISA FOR 1 YEAR APPROVED AND I WENT TO SEE MY FAMILY ONCE ON THAT VISA , THEN IN 2005 I BECOME CITIZEN OF CANADA AND I TRIED TO GO BY BORDER AND THEY STOPED ME THEIR AND GAVE ME U.S WAIVER AND BARRED ME FOR 10 YEARS FROM 2000 TO 2010 AND I APPLIED FOR U.S WAIVER AND GOT APPROVED FOR 1 YEAR IN 2009 BUT I NOTICED THEY ADD A NEW CLAUSE THEY PUT A PERMANENT BAR ON ME FOR MISREPRESENTATION I NOTICE THAT AT THE AIRPORT WHEN I ASK THE CUSTOM N BORDER OFFICER AFTER A DEEP SEARCH I FIQURE OUT WHY THEY GAVE ME THAT WHEN I APPLIED FOR USA VISA AT TORONTO I UNWILLING-FULLY ON THE FORM MARK NO ( THERE WAS A FEW YES OR NO QUESTION I THINK 1 SAY SOMTHING ABOUT IF I EVER OVERSTAYED OR SOMTHING IN USA I MARKED NO BUT THAT WAS A MISTAKE NEHOW ,

IN 2010 THEY REMOVED THE 10 BAR FROM ME I APPLIED AGAIN FOR U.S WAIVER IN 2012 JAN AND I GOT APPOVED IN 30 DAYS OR LESS BUT THEY APPROVED ME FOR 5 YEARS THIS TIME SO I HAVE A VALID U.S WAIVER TILL 2017

ALSO WANT TO ADD ( MY PARENTS SISTER AND BROTHER LIVE IN USA BROTHER IS CITIZEN AND PARENTS ARE GC HOLDER ALSO MY BROTHER IS MARRIED AND HAVE A SPECIAL CHILD WHICH IS WHY I WANT TO MOVE TO USA MY PARENTS NEED MY HELP AND ALSO MY BROTHER FILLED I-130 FOR ME IN NOV 2005 WHICH IS ALREADY OVER 7 YEARS OR SO AND I HAVE A FILE NUMBER AND STUFF

NOW HERE IS THE QUESTION WHICH I WOULD LIKE TO GET SOME RESPONSE ABOUT AND THANKS IN ADVANCED IF SOMEONE CAN ANSWERED FOR ME

1. I SEARCH ALOT ABOUT I-601A CAN I APPLY FOR THAT WHAT ARE THE CHANCES BECAUSE I AM HOLDING THE VALID U.S WAIVER BUT I KNOW THEY WONT APPROVED MY I-130 AT INTERVIEW TIME AND I HAVE TO FILE I-601 AT THAT TIME

ALSO WHAT OTHER OPTIONS I HAVE LET ME KNOW IF I CAN DO SOMTHING TO APPLY IN MARCH 2013 FOR I-601A SO I CAN START WORKING ON THAT

ALSO I M MARRIED AND HAVE 2 KIDS REALLY WANT TO MOVE BACK TO USA SO I CAN LIVE MY PARENTS

THANKS

ALSO LIKE TO ADD THAT I WAS ONLY 17 WHEN I ENTERED IN USA AND COMPLETED MY HIGH SCHOOL AND WENT COLLEGE FOR A SEMESTER AS WELL

[Nich-Nick 3,353]

ALSO LIKE TO ADD THAT I WAS ONLY 17 WHEN I ENTERED IN USA AND COMPLETED MY HIGH SCHOOL AND WENT COLLEGE FOR A SEMESTER AS WELL

You don't fit the criteria. You dont still live undocumented, illegal, whatever in the US. As I understand, it's a way for some of those people to go straight to the waiver without doing the whole petition, NVC, embassy interview to get denied just so they can submit a waiver for their overstay. It's not an automatic yes. The US sponsor still has to show extreme hardship. It just skips a lot of steps to get to the waiver when one knows they are inadmissable and will get a 10 year ban on an overstay. Some critics think it's a shortcut for illegals, but it also saves a lot of extra government worker man-hours handling a case that is certainly going to be denied at interview before the waiver can be submitted. It should also free up those same resources for the US person whose relative isn't inadmissable.

You've spent your 10 year ban and are waiting for your turn to come up for immigration sponsored by your brother-F4 visa. The current ones being served applied in 2001. It's a longer wait when a brother sponsors, over a US citizen wife for example.

[nsk143 2]

Thanks for reply

When i was searching info about 601a there was a paragraph about 1 yr 3yr & 10 yr bar but also says that if someone have a permanent bar they can apply if they completed their 10 yrs outside usa

What's that's suppose to mean

Cuz when they. Stopped me at border in 2005 officer said by 10 yr bar will be waive in June 2010 which is already passed also when u check the 601a application process or eligibility. Its say u have to be in usa. Also pending i130.paid fee. Once interview called if u think they won't approved.

So what if i go usa after march do u tthink theres a hope of anything i mean if permanent. Bar is there they required. 10 yrs outside usa. Which i done already. Also holding a approved u.s waiver for 5 years under humanitarian right so i heard its hard to get waiver as well n i m only 32 got approved for 5 yr and that's my 2nd waiver

My point is that if i go usa after march what options i have to get legalized. I do have a hardship my parents live there n my brother n sister they need me i m the younger son

[nsk143 2]

Also like to add that i found this at alia leadership site

""Individuals who are in immigration court or who have an order of removal or voluntary departure may not qualify unless they get special permission from the government and a court order resolving their case""

In June 2000 we left usa on voluntary departure based as well cuz we were illegal. From 1997-2000 and received my Canada immigration papers so we left usa as a voluntary

[Nich-Nick 3,353]

I think you need to ask an immigration lawyer because this is serious stuff and you aren't understanding it. I can't say I know much more myself. A waiver isn't a do-it-yourself thing in my opinion.

I also think if you go to the US to live illegally after March, then you are again violating immigration laws. A second offense can't be good and a brand new ban. You aren't married to a US citizen so aren't eligible for an immediate greencard with this new rule. Right now you are in line with your brother's petition, your ban has passed, and you can't get in with a brother sponsor until your turn comes up. Your parents aren't your sponsor. It is your brother who would have to prove extreme hardship. And until your turn in line comes up, you aren't eligible for anything. The F4 people who got in line in April '01 are at the front of the line. A brother sponsor is the longest line. Your USC brother could get his parents or a foreign wife in immediately, but not his brother. Here's a page about priority dates. http://www.travel.state.gov/visa/bulletin/bulletin_5834.html

[nsk143 2]

Thanks nick i understand. Now thanks for your help quick question if my parents get citizenship after their process n apply for me can we change that i mean category f4 to f2 and keep the same time my brother filled in 2005 its over 7 year now can we keep the same time n change to f2 if my father apply after getting his usc

[nsk143 2]

Sorry mistake not f2 its F3

[aleful 1,905]

HI,,

I CURRENTLY LIVING IN CANADA I HAVE FEW QUESTIONS ABOUT THIS NEW RULE FOR I-601A WAIVER

QUICKLY ABOUT ME I WAS OVERTAYED IN USA FROM 1997 TO 2000 AND I WAS 17YRS OLD IN 1997 , IN JUNE 2000 I RECEIVED MY CANADIAN IMMIGRATION (LANDED IMMIGRANT ) THEN I WAS GOING BACK N FORTH TO USA AND CANADA BUT IN 2003 USA START THE VISA REQUIREMENT FOR PR CARD HOLDER FOR CANADIAN THEN I APPLIED A USA VISA AT TORONTO AND I RECEIVED MY USA VISA FOR 1 YEAR APPROVED AND I WENT TO SEE MY FAMILY ONCE ON THAT VISA , THEN IN 2005 I BECOME CITIZEN OF CANADA AND I TRIED TO GO BY BORDER AND THEY STOPED ME THEIR AND GAVE ME U.S WAIVER AND BARRED ME FOR 10 YEARS FROM 2000 TO 2010 AND I APPLIED FOR U.S WAIVER AND GOT APPROVED FOR 1 YEAR IN 2009 BUT I NOTICED THEY ADD A NEW CLAUSE THEY PUT A PERMANENT BAR ON ME FOR MISREPRESENTATION I NOTICE THAT AT THE AIRPORT WHEN I ASK THE CUSTOM N BORDER OFFICER AFTER A DEEP SEARCH I FIQURE OUT WHY THEY GAVE ME THAT WHEN I APPLIED FOR USA VISA AT TORONTO I UNWILLING-FULLY ON THE FORM MARK NO ( THERE WAS A FEW YES OR NO QUESTION I THINK 1 SAY SOMTHING ABOUT IF I EVER OVERSTAYED OR SOMTHING IN USA I MARKED NO BUT THAT WAS A MISTAKE NEHOW ,

IN 2010 THEY REMOVED THE 10 BAR FROM ME I APPLIED AGAIN FOR U.S WAIVER IN 2012 JAN AND I GOT APPOVED IN 30 DAYS OR LESS BUT THEY APPROVED ME FOR 5 YEARS THIS TIME SO I HAVE A VALID U.S WAIVER TILL 2017

ALSO WANT TO ADD ( MY PARENTS SISTER AND BROTHER LIVE IN USA BROTHER IS CITIZEN AND PARENTS ARE GC HOLDER ALSO MY BROTHER IS MARRIED AND HAVE A SPECIAL CHILD WHICH IS WHY I WANT TO MOVE TO USA MY PARENTS NEED MY HELP AND ALSO MY BROTHER FILLED I-130 FOR ME IN NOV 2005 WHICH IS ALREADY OVER 7 YEARS OR SO AND I HAVE A FILE NUMBER AND STUFF

NOW HERE IS THE QUESTION WHICH I WOULD LIKE TO GET SOME RESPONSE ABOUT AND THANKS IN ADVANCED IF SOMEONE CAN ANSWERED FOR ME

1. I SEARCH ALOT ABOUT I-601A CAN I APPLY FOR THAT WHAT ARE THE CHANCES BECAUSE I AM HOLDING THE VALID U.S WAIVER BUT I KNOW THEY WONT APPROVED MY I-130 AT INTERVIEW TIME AND I HAVE TO FILE I-601 AT THAT TIME

ALSO WHAT OTHER OPTIONS I HAVE LET ME KNOW IF I CAN DO SOMTHING TO APPLY IN MARCH 2013 FOR I-601A SO I CAN START WORKING ON THAT

ALSO I M MARRIED AND HAVE 2 KIDS REALLY WANT TO MOVE BACK TO USA SO I CAN LIVE MY PARENTS

THANKS

you don't qualify, you aren't living in the US. you haven't entered the country ilegally and stayed in the US and you aren't a spouse. parent or unmarried child under 21 of a USC. the provisional waiver is only for immediate relatives of a USC, who EWI and never left the country. it's to be petitioned by the USC an to be able to file a waiver and the USC file the hardship letter in the US before they have there interview at their country of origin through consular processing.

[belinda63 2,981]

Your parent can start a new petition when they become a citizen but it will have a new priority date. You can't transfer a priority date from one type of petition to another.

[aleful 1,905]

Thanks nick i understand. Now thanks for your help quick question if my parents get citizenship after their process n apply for me can we change that i mean category f4 to f2 and keep the same time my brother filled in 2005 its over 7 year now can we keep the same time n change to f2 if my father apply after getting his usc

nope you cannot tranfer, you can have more than one petition at the same time, but your parents are USC and they file for you it is a new petition, different from your brothers. it is a 10 year wait so it is not worth it because your brother's petition will be before them in 6 years.

[nsk143 2]

Ok but i can file i 601 after i130 interview n if they denied can i use my parents as hardship if i keep as my brother petitioner

[nsk143 2]

I don't mind to keep the same petition cuz its already 7 years since he applied in 2005 but my only concern was if i had a interview in future and they didn't approved me at that time can i use my parents as a hardship n submit an i601 for me at embassy

[aleful 1,905]

I don't mind to keep the same petition cuz its already 7 years since he applied in 2005 but my only concern was if i had a interview in future and they didn't approved me at that time can i use my parents as a hardship n submit an i601 for me at embassy

it depends if you will need one or what the officer that interviews you decides. if you qualify for a waiver. or if the 10 year ban is up you might not need a waiver. there is still a long wait.

[nsk143 2]

My 10 yr overstated bar is already removed but i have a a6ci which is permanent that's why i was asking if i can use my parents as hardship i601 if they denied me at interview time