Filing for i601A in the US

[phatnat 0]

hello I have some concerns with this i601A, that I would like clarity with before I file.

I have been in the states since I was 2 which is since 1979. my mother brought me here. i have no evidence of lawful entry. i was advised that i am eligible for this waiver. but after reading a few of these posts i am a little scared to do it.

1.i have no criminal record.

2. my I130 was already approved for me and my US citizen spouse.

3.If i apply for this waiver and i am approved, and i when to go to jamaica for my interview, is there a chance that i might not be able to return to my family?

4.Does anyone have an estimated time of how long will i have to stay in Jamaica for this process?

5. I was reading something about a ban??

6. what reasons can they deny me for? ( because i was reading that people were being denied, but it was for people already residing in Jamaica) I am in the states.

 

please if you know anything about this process for people living in the states without a criminal record please let me know.   all my family is here in the US.  I hope i am posting this in the right area.

[Ben&Zian 4,398]

Yea.. when they "approve" the waiver, and you return for your "interview", they will tell you you're denied and that you incurred a ban once you left the US.

 

Sneaky of them huh?

 

They forgive overstay for people who entered legally.. if undocumented, as you say you are, then there is no forgiveness... even if entering as a child, because once you turned 18, you were an adult and decided to stay illegally.

Edited January 23, 2017 by Ben&Zian

[phatnat 0]

and if that happens do i have to stay in Jamaica? or can i return back to US?

[Transborderwife 4,666]

You stay in Jamaica 

[Ben&Zian 4,398]

The ban I assume would be a 10 year ban, because you over stayed more than 365 days, obviously.

 

This ban could possibly be overcome with another waiver; but that is only if say going through a CR-1 spousal visa, but they would deny that visa before you could apply for a waiver.

 

With the extent of your 'illegal presence' I am not sure they would approve of any sort of waiver honestly... so no you would not return to the US until the ban time was over.

Edited January 23, 2017 by Ben&Zian

[phatnat 0]

so is Jamaica the only country with this ban?

 

thanks for answering my questions also

Edited January 23, 2017 by phatnat

[Transborderwife 4,666]

3 minutes ago, phatnat said:

so is Jamaica the only country with this ban?

 

thanks for answering my questions also

No.  Anywhere would 

[Ben&Zian 4,398]

No. This is the US banning. They will do it to anyone from any country.

 

Anyone who overstays a visa(a tourist visa for instance) of 180+ is eligible for a 3 year ban from the US. Over 365 days and it is a 10 year ban; but possibly could obtain a waiver, but owuld have to leave the US first and hope a lot.

 

For yourself, who says they are undocumented, as to your mother bringing you in illegally, the "overstay" time began the day you turned 18. So by 19, you already would have had a 10 year ban upon leaving the US.

 

There would be not much grace given towards a waiver honestly.

Edited January 23, 2017 by Ben&Zian

[Transborderwife 4,666]

How did your mother bring you?  Visa or otherwise?

[phatnat 0]

im not sure. i am assuming as a lap child on her visa. i cant find out.

 

ok so do you have any idea of what route we should take then?

[Ben&Zian 4,398]

You need to find out for sure how you came into the country....

 

If you came in on a visa originally with your mother, then circumstances are different, you could be able to get forgiveness with marriage to the USC.

 

If entirely undocumented/unlawfully, then you will not get a waiver basically and would be banned.

[phatnat 0]

but they are wanting proof of that i-94 and we cannot find that.

[Transborderwife 4,666]

4 minutes ago, phatnat said:

im not sure. i am assuming as a lap child on her visa. i cant find out.

 

ok so do you have any idea of what route we should take then?

I would consider filing a FOIA request to find out, if it shows you came on a visa, you may be able to stay and aos in country 

https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/how-file-foia-privacy-act-request/how-file-foiapa-request

 

[Ben&Zian 4,398]

Agreed with above, that is your first step and honestly the biggest step. That could determine what happens to you, and what options you have.

 

If you can't find out still, then I would get a really, really good immigration lawyer.

 

 

[Pinkrlion 2,724]

You will need to talk to a lawyer. If you leave and return. To JA, then u will have a lifetime ban.