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rachel6992

Complicated immigration question related to 601A

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I haven't yet come across a situation like ours. My husband has entered the US about 10 different times, all legally. He has 3 separate 'overstays'. Once when we was still a minor, twice as an adult. 

 

Our attorney advised that we try for the 601A since we didn't want the family to be apart (if we had gone the route of the 601). It's been approved and now we wait for the interview (to be held in Montreal). I've seen lots of examples of multiple ILLEGAL entries, but that's not the case with us. I am a PR sponsoring him.

 

No criminal convictions, he's got a university degree (from prestigious Canadian university), and I make sufficient income to avoid the public charge risk. 

 

Any thoughts or similar situations to ours that anyone has seen or is going through? I've found literally no one who has a case like ours! 😭

 

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Since you are not a US citizen, he can't adjust status through you. Adjustment of status and overstay forgiveness is only available to US citizens. When he leaves for Canada, it may trigger his ban. When he goes to his interview, he will find out if he is approved. But there is no way for him to be a permanent resident without leaving the US first.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Hi, yes I'm aware of that, hence applying for the 601A waiver in advance of his interview, which has been approved. I've read many stories of people being denied because if multiple entries but they're all illegal crossing. His have all been legal entries, so I'm not sure if that makes a difference or not.

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Just enough information to make you go hmmm, without enough to make any sensible response.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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He's entered various ways, through land and airport. This is over the span of 15 years.

 

I realize our case is pretty unique but I was hoping for maybe one other person out there with a similar background, maybe not even more than 1 overstay, but multiple legal entries at least. Guess we're a bit of a unicorn 😆

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I 601a does not cover Misrepresentation.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Posted (edited)
5 minutes ago, rachel6992 said:

He's entered various ways, through land and airport. This is over the span of 15 years.

 

I realize our case is pretty unique but I was hoping for maybe one other person out there with a similar background, maybe not even more than 1 overstay, but multiple legal entries at least. Guess we're a bit of a unicorn 😆

Were any of the airport entries after a previous overstay?

Boiler raises a good point, did he ever lie to a CBP officer?

 

Many people have more than one legal entry but only one overstay. Usually the overstay puts an end to any further legal entries, unless an immigrant visa follows at some stage.

 

when are you eligible to naturalize?

Edited by SusieQQQ

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Yes I know. That, I assume, is for the IO to make that determination.

We're not going in with blinders on, we are fully aware there's a real possibility of this not working out despite the 601A approval, given the complicated past.

 I'm just wondering if there are any similar cases like ours out there and how they worked out. 

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Yes, he does make a good point and one we've always had in the back of our minds. 

The last entry was the latest overstay. Prior to this one, he'd had probably 5 visits to the US from abroad between the previous overstay. 

 

I can naturalize in November, or rather, I can apply in November.

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The entry being legal is not important, as he violated the law 3 times. You not being a US citizen either leaves a lot of questions to be asked.

 

Your case is not unique. There are many people who have overstayed. The only unique part is overstaying 3 times, which is an enormous red flag. Immigration to the US for both of you seems like it shouldn't be your Plan A.

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Is he a Canadian citizen who entered visa-less, or did he have a visa?

 

If he had a visa then it was revoked the moment he overstayed the first time. Entering again after that - without a new visa - would be a misrepresentation issue (which is not covered by an I-601A as noted above).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Can you be more specific about his overstays? Was he ever in front of a judge for overstaying? 

 

I'm trying to find the link but Canadians do not considered overstay if they are not brought before a judge. Now that does not mean they can't be stopped by CBP for spending too much time in the US. 

 

Off to find the link. 


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Posted (edited)

I'm still trying to find a better link but here is this for now. This was brought up before on here and discussed in length but I'm having trouble finding it. 

 

  1. Canadians are a complicated case. Let's turn to 40.9 Section 212(a)(9) of the Act - Aliens Unlawfully Present after Previous Immigration Violations:

Non-controlled Nonimmigrants (e.g. Canadian B-1/B-2)

Nonimmigrants, who are not issued a Form I-94 , Arrival/Departure Record, are treated as nonimmigrants admitted for D/S for purposes of determining unlawful presence.

What does that mean? It means that Canadian visitors who are not issued an I-94 are admitted for Duration of Status (similar to F-1 student visas) and then this section applies:

Under current USCIS policy, nonimmigrants begin to accrue unlawful presence as follows: [...]

Nonimmigrants Admitted for Duration of Status (D/S):

If USCIS finds a nonimmigrant status violation while adjudicating a request for an immigration benefit, unlawful presence will begin to accrue on the day after the request is denied.

If an immigration judge makes a determination of nonimmigrant status violation in exclusion, deportation, or removal proceedings, unlawful presence begins to accrue the day after the immigration judge’s order.

So unless either of these two happened you didn't overstay. Repeat: this only applies if you were notprovided with a date until you could stay.

If you are Canadian and were given a date until you could stay then, as I already linked, you will nee

Edited by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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