Please, do we need I-601 waiver ??

[Mwamwa 0]

Hi everyone,

I am a bit confused. My husband (fiance back then) has been deported last year. He was under tourist visa, and just a week before our wedding we went to Mexico to visit my family. On our way back he got stopped, asked questionned, and ended up ordered expedited removal 235(b)(1), with a 5 year ban. He has been charged of intention to immigrate, the documents he has been given say: "The subject was found in violation of section 212(a)(7)(A)(i)(I)", which is the category for intending immigrant.

We know we will need an I-212 waiver because of the deportation, but my question is do we need an I-601 waiver ?? My husband always entered the US legaly, never overstayed.

Thanks for your help.

[Boiler 43,631]

I 212. Which is pretty much the same from a documentation perspective. You just save the fee for the 601.

[islandgirl80 28]

Hi everyone,

I am a bit confused. My husband (fiance back then) has been deported last year. He was under tourist visa, and just a week before our wedding we went to Mexico to visit my family. On our way back he got stopped, asked questionned, and ended up ordered expedited removal 235(b)(1), with a 5 year ban. He has been charged of intention to immigrate, the documents he has been given say: "The subject was found in violation of section 212(a)(7)(A)(i)(I)", which is the category for intending immigrant.

We know we will need an I-212 waiver because of the deportation, but my question is do we need an I-601 waiver ?? My husband always entered the US legaly, never overstayed.

Thanks for your help.

Just curious what happened if he has a tourist visa why they did that to him?

[Boiler 43,631]

Misuse of tourist visa as the OP said.

[islandgirl80 28]

Misuse of tourist visa as the OP said.

oh ok.....

[Mwamwa 0]

I 212. Which is pretty much the same from a documentation perspective. You just save the fee for the 601.

Thanks for the answer. Any idea of the processing times difference between 601 and 212 ?

[Boiler 43,631]

212's seem all over the place, most timelines you will see are for combo's.

I have seen it mentioned that often from a time perspective it is quicker of you have the 601 to do as well.

[rylforever 18]

they are currently taking about 6-10 months to process. have you had your interview yet? I am just guessing, but from other experiences i have seen, you will probably need i-601 also. i only had to file i-601 because my husband was never deported, just accumulated unlawful presence, but went home to adjust legally. there was another case similar to yours and they had to both for those same reasons almost just the tourist visa was revoked because she was using it to live here basically and putting her daughter in school here in us also, she was deported and had to both. also the immigrate2us page has majority of the members there have done waivers and some waiting out bans to submit waivers, so you might want to check out there too.

[Boiler 43,631]

6-10 months is for a 601 which is not needed.

[Mwamwa 0]

they are currently taking about 6-10 months to process. have you had your interview yet? I am just guessing, but from other experiences i have seen, you will probably need i-601 also. i only had to file i-601 because my husband was never deported, just accumulated unlawful presence, but went home to adjust legally. there was another case similar to yours and they had to both for those same reasons almost just the tourist visa was revoked because she was using it to live here basically and putting her daughter in school here in us also, she was deported and had to both. also the immigrate2us page has majority of the members there have done waivers and some waiting out bans to submit waivers, so you might want to check out there too.

I will, thanks for the tip Maybe the lady you are speaking about had a similar case, with the exception that she did overstay her tourist visa, which then I think makes you need an I-601. My husband has not overstayed one single day, so that's why I'am wondering....

Thank you again for your help, appreciate it

[rylforever 18]

I will, thanks for the tip Maybe the lady you are speaking about had a similar case, with the exception that she did overstay her tourist visa, which then I think makes you need an I-601. My husband has not overstayed one single day, so that's why I'am wondering....

Thank you again for your help, appreciate it

6-10 months is for a 601 which is not needed.

the 601 is to waive inadmissibilites to obtain a visa whether it be overstay, fraud, cimt's, etc. and Boiler, which you're right she may not need the waiver, however it is good to plan for one just in case. the case i was referring to previously, there was no overstay by the applicant that had her tourist visa revoked, it was only taken away from her for misuse. she then waited out in her country while husband petitioned for her and at the interview was denied her visa and she received a ban for misrepresentation in connection with the tourist visa being used that was revoked. she never overstayed, and she was told she was eligible submit the i601 because she was found ineligible for her visa due to inadmissable misrep, she then submitted the i601 and i think was approved and went on with her life. i am not saying that op will in fact need one, just that there is a possibility because of the reason for having the tourist visa revoked. the deportation totally beside the point and taken care of with i-212. not too long ago we had a case here where an i-212 was not requested at interview only i-601 and there was never a deportation. RFE came to client citing due to an expedited VD, 212 was being requested, attorney agreed totally outrageous, but needed to be filed in order for approval eventhough technically was never necessary, 212 submitted and waiver approved. Hopefully once OP has interview all will be explained at interview.

[Mwamwa 0]

the 601 is to waive inadmissibilites to obtain a visa whether it be overstay, fraud, cimt's, etc. and Boiler, which you're right she may not need the waiver, however it is good to plan for one just in case. the case i was referring to previously, there was no overstay by the applicant that had her tourist visa revoked, it was only taken away from her for misuse. she then waited out in her country while husband petitioned for her and at the interview was denied her visa and she received a ban for misrepresentation in connection with the tourist visa being used that was revoked. she never overstayed, and she was told she was eligible submit the i601 because she was found ineligible for her visa due to inadmissable misrep, she then submitted the i601 and i think was approved and went on with her life. i am not saying that op will in fact need one, just that there is a possibility because of the reason for having the tourist visa revoked. the deportation totally beside the point and taken care of with i-212. not too long ago we had a case here where an i-212 was not requested at interview only i-601 and there was never a deportation. RFE came to client citing due to an expedited VD, 212 was being requested, attorney agreed totally outrageous, but needed to be filed in order for approval eventhough technically was never necessary, 212 submitted and waiver approved. Hopefully once OP has interview all will be explained at interview.

I see your point, and totally agree with you. At the interview, everything is possible, and even though the documents we have now don't mention fraud or misrepresentation, it remains possible that they mention it at the interview. However from what I have been reading, it's very rare, unless interview goes bad...

I guess we have to wait until the interview and find out

[Boiler 43,631]

If you have not done so always good to discuss your case with a competent Lawyer.

[rylforever 18]

Totally agree with Boiler

[RhettVoe 281]

If this person was given a 5 year ban at the POE, he will need an approved I-212, not an I 601. Apparently he is inadmissible, which is different than being ineligible. Inadmissibility can only be resolved by (a) letting the period of inadmissibility run its course or (b) obtain an approved I 212 that waives that inadmissibility (all of this is based on what the OP wrote....if there were no other violations written (the 7A is basically a 'strong 214b' denial), then he will need the I-212 only.