Getting nervous

[briluke_nyla 0]

Hey all. I am getting extremely nervous. My interview is next week!!! For those of you not familiar with me or my case:

In november of 2004 I was given an expediated removal for lack of documentation while coming from Canada to the US. I had been living with my hubby in the states from April of 2003 until I was removed in November of 2004. I was married to my husband (USC) in July of 2003 and we have a daughter born in the U.S in May of 2004. The lack of documentation was pertaining to our marriage (we hadn't filed anything). We have a lawyer who has worked on the case, but can't come to the interview. My husband is going to attend with me. It is in Montreal.

I was given a 5 year bar.

Edited March 20, 2006 by briluke_nyla

[Jenn! 918]

I hope all goes smoothly for you.

Good luck at the interview!

[zyggy 9]

Hey all. I am getting extremely nervous. My interview is next week!!! For those of you not familiar with me or my case:

In november of 2004 I was given an expediated removal for lack of documentation while coming from Canada to the US. I had been living with my hubby in the states from April of 2003 until I was removed in November of 2004. I was married to my husband (USC) in July of 2003 and we have a daughter born in the U.S in May of 2004. The lack of documentation was pertaining to our marriage (we hadn't filed anything). We have a lawyer who has worked on the case, but can't come to the interview. My husband is going to attend with me. It is in Montreal.

I was given a 5 year bar.

You will be denied the visa and you will definitely have to file a I-601 waiver and probably an I-212 waiver. Has your attorney filled these out for you yet. It's good to have these done ahead of time so you can give it to the consular officer at the time of your denial.

Edited March 20, 2006 by zyggy

[MaryandMian 1]

Zyggy is correct. You will need your attorney to file one or both forms to try and get an approved waiver. Good luck.

Mary

[briluke_nyla 0]

Thanks for the replies. Yes the lawyer has prepared an I-212. Not the I-601 though. He seems to think it will all be fine and that they likely won't even want the I-212.

What are the reasonings behind thinking they will deny and ask for these two things? I know that the I-212 is to remove the bar. But what is the I-601 for ? Thank you.

[zyggy 9]

Thanks for the replies. Yes the lawyer has prepared an I-212. Not the I-601 though. He seems to think it will all be fine and that they likely won't even want the I-212.

What are the reasonings behind thinking they will deny and ask for these two things? I know that the I-212 is to remove the bar. But what is the I-601 for ? Thank you.

If you have a bar, then a visa cannot be issued until a waiver of that bar is granted.

An I-601 is a waiver is for an alien is inadmissable, such as for an overstay, prior criminal record, medical issues, etc. An I-212 is a waiver that is used if the alien was deported or removed in the past. If an I-212 is required, then an I-601 is required as well as an individual who was deported is also inadmissible. The same materials get submitted with both, but it's basically an additional fee and an additional form.

Your attorney should be aware of this and should know that you would be denied. The fact that he doesn't gives me pause on his knowledge of these types of issues. You may want to look into retaining an attorney that is very familiar with waivers. An attorney named Lauren Scott is pretty well known in these circles and there have been people on this board that have used her in the past.

Edited March 20, 2006 by zyggy

[Flames9_RN 358]

Considering what Zyggy does for a job, he is giving you GREAT advice!! I would be on the phone with your lawyer asap!!

[briluke_nyla 0]

I don't understand why I would need the I-601 though. I'm not an overstay and I don't have a criminal record. I entered on a visitor visa, and I never stayed for more than the 180 consecutive days allowed to Canadians. This is just so upsetting to me.

I can understand needing the I-212, but I was under the impression it wasn't a necessity...that it was sort of up to the immigration officer to decide if it was required.

Thanks again for replying to me.

[zyggy 9]

I don't understand why I would need the I-601 though. I'm not an overstay and I don't have a criminal record. I entered on a visitor visa, and I never stayed for more than the 180 consecutive days allowed to Canadians. This is just so upsetting to me.

I can understand needing the I-212, but I was under the impression it wasn't a necessity...that it was sort of up to the immigration officer to decide if it was required.

Thanks again for replying to me.

The I-601 is required for those who are inadmissible. Since you have a 5 year bar, you are inadmissible. Anyone who is inadmissible is required to file an I-601, no matter what conditions made them inadmissible. Since you apparently were removed as well, you require the additional I-212.

Edited March 21, 2006 by zyggy

[LisaRod 0]

Our interview is getting close to and now I'm starting to freak a little, getting nervous.

I never overstayed any visas in the USA because I have never had a visa, being from Canada.

I also never worked or applied for SSN or anything else to otherwise break the law.

BUT I did spend 18 consecutive months there. They did not stamp my passport upon entry (drove, not airport) but on our I-129F we were completely honest about where I had spent the last 10 years.

Are they going to ask me to file some kind of waiver?

Thanks everyone.

Lisa

[zyggy 9]

Our interview is getting close to and now I'm starting to freak a little, getting nervous.

I never overstayed any visas in the USA because I have never had a visa, being from Canada.

I also never worked or applied for SSN or anything else to otherwise break the law.

BUT I did spend 18 consecutive months there. They did not stamp my passport upon entry (drove, not airport) but on our I-129F we were completely honest about where I had spent the last 10 years.

Are they going to ask me to file some kind of waiver?

Thanks everyone.

Lisa

Lisa...

You did overstay as Canadians only have a 6 month period of stay. Depends when it happened... if it happened after 1997.. then yes, you have a 10 year ban on entering the US as you overstayed your 6 month period of stay as a visitor. A I-601 waiver will be required to get a visa...

Edited March 21, 2006 by zyggy

[LisaRod 0]

Our interview is getting close to and now I'm starting to freak a little, getting nervous.

I never overstayed any visas in the USA because I have never had a visa, being from Canada.

I also never worked or applied for SSN or anything else to otherwise break the law.

BUT I did spend 18 consecutive months there. They did not stamp my passport upon entry (drove, not airport) but on our I-129F we were completely honest about where I had spent the last 10 years.

Are they going to ask me to file some kind of waiver?

Thanks everyone.

Lisa

Lisa...

You did overstay as Canadians only have a 6 month period of stay. Depends when it happened... if it happened after 1997.. then yes, you have a 10 year ban on entering the US as you overstayed your 6 month period of stay as a visitor. A I-601 waiver will be required to get a visa...

Yes it happened post 1997, I don't suppose it is as simple as bringing the I-160 form and filing fee to the interview and getting it approved on the spot...any ballpark figure as to how long it takes?

[melliemel 0]

A 601 waiver is a bit complicated. If you go to immigrate2us website they have a very good discussion forum regarding the 601.

I believe that 601 takes between 6mths to 1yr for approval.

Also, they can be submitted at the interview.

I am crossing my fingers that I will not need one.

Good luck

[LisaRod 0]

A 601 waiver is a bit complicated. If you go to immigrate2us website they have a very good discussion forum regarding the 601.

I believe that 601 takes between 6mths to 1yr for approval.

Also, they can be submitted at the interview.

I am crossing my fingers that I will not need one.

Good luck

Thanks - I've been looking at a few sites and I'll try the one you suggest.

Good luck to you as well.