Which waiver is needed?

[Slm1003 1]

Hi,

 

my husband was in the US illegally (undocumented) from 2007 to March 2018, when we moved to Canada as PRs. We applied for a tourist visa so we could visit our family (I am a US citizen), but it was denied saying he has a 10 year ban since he left (left of our own accord, no criminal history, no deportation orders, etc. Just honest during the interview that he lived there), but he could get a waiver. I’ve seen that there is paperwork to be submitted for the waiver but also seen that it can be applied for at the visa interview/application stage. 

 

Which is is the correct information/waiver we need with the visa? This is a non-immigrant waiver. We aren’t looking for a green card for him, we’re quite happy in Canada. 

 

Thanks!

[Going through 5,671]

i-601 is the waiver needed, if the CO specifically recommended him for the waiver.   Right now the fee is $930.00

 

Read this link for more info https://www.uscis.gov/i-601

Edited August 25, 2018 by Going through

[Slm1003 1]

4 minutes ago, Going through said:

i-601 is the waiver needed, if the CO specifically recommended him for the waiver.   Right now the fee is $930.00

 

Read this link for more info https://www.uscis.gov/i-601

The CO just said “I could give you a visa and a waiver, but you might still be denied at the border. The only reason I can’t give you the visa as is, is because of the 10 year ban.” Unfortunately, they never gave us specific information about which waiver it would need to be. 

[jdaveh 58]

that 

6 minutes ago, Going through said:

i-601 is the waiver needed, if the CO specifically recommended him for the waiver.   Right now the fee is $930.00

 

Read this link for more info https://www.uscis.gov/i-601

the bold is an important distinction. I believe the CO has to say you can file for a waiver, you cannot just do it

[Slm1003 1]

Just now, jdaveh said:

that 

the bold is an important distinction. I believe the CO has to say you can file for a waiver, you cannot just do it

The CO did say he could get a waiver, just not the specific one. But looking on the website for the 601, it’s not for Non-immigrant B visas, which is the one we’re looking to get. 

[Boiler 46,366]

The waiver for a Tourist Visa is the D3.

 

The CO would be the one to submit it but you would otherwise have to be eligible for a Tourist Visa which does not seem the case here.

[BenevolentSith 6]

If you wait until your husband becomes a Canadian citizen (a 4 to 5 year process after PR), he can directly file I-192 (the equivalent of 212(d)(3) waiver) and I-212 (if needed) at the border at any time, and it's a much easier process than dealing when the consulate (no appointment, no visa).

 

There is a whole market for Canadians applying for US non-immigrant waiver in Canada, especially in the GTA. He does NOT need I-601, if all he's seeking is a non immigrant status in the United States. He would need I-192, and I-212 (if he deals with removal). Again, this process is only for Canadian citizens (and maybe Bermudians). VWP citizens or those from countries requiring visas cannot simply go to the border and file I-192.

 

As of right now, you can try reapplying again for the visa, and then submit the 212(d)(3) waiver alongside it, but I heard it's very hard to get it, or even get referral from consulate for a waiver.

 

And since you only just moved to Canada 6 months ago, and also the fact that he was married to a US citizen, all these factors worked against him.

 

Settle a bit more in Canada, get a house and a fulltime job, or better, become a Canadian citizen (so you can file under a much streamlined process), then he can try again.

Edited August 25, 2018 by BenevolentSith

[geowrian 22,338]

AN I-601 is for an immigrant visa, so that does not apply here.

 

The waiver for an NIV is upon recommendation by the CO.

As noted above, once you become a Canadian citizen and obtain a passport form them, you are already in possession of the necessary travel documents. At that point you can file an I-192 (directly or at the border).

[Going through 5,671]

3 minutes ago, geowrian said:

AN I-601 is for an immigrant visa, so that does not apply here.

yeah I got the part about the OP not immigrating mixed up when relaying info 😕 

[geowrian 22,338]

1 hour ago, Going through said:

yeah I got the part about the OP not immigrating mixed up when relaying info 😕 

haha no worries, it happens.

[Slm1003 1]

Thanks everyone for the input! 

 

We’ll be applying for Canadian citizenship as soon as we can, we just want to be able to visit our family before the ~4 years. We’ll see what happens.

[Boiler 46,366]

In the meantime they can visit you, I am sure they will understand why.