i601A and i212 question

[SalishSea 16,770]

3 minutes ago, HRQX said:

Note that there is a difference between I-601A and I-601: https://san-diego-abogado.com/en/what-is-the-difference-between-waivers-i-601a-and-i-601/

Right, and sounds like OP will need the I-601A waiver.

Edited July 10, 2020 by Jorgedig

[HRQX 4,145]

1 hour ago, Jorgedig said:

sounds like OP will need the I-601A waiver.

I think you meant I-601.

 

I-601A has certain requirements; such as: "Believe you are or will be inadmissible only because of a period of unlawful presence" and "Be physically present in the United States to file your application and provide biometrics."

https://www.uscis.gov/family/family-us-citizens/provisional-unlawful-presence-waivers

[Crazy Cat 39,216]

Sometimes the truthful answers we give are not the answers the original posters want to hear....I don't see any easy or fast solutions in this situation.

Edited July 10, 2020 by Lucky Cat

[DSPDallas 2]

19 hours ago, z_bayarea said:

Hello , this is my first time on this forum, I am new here . I had questions that I thought I can get some advice . I have been with my husband who came to the US as a baby 6 months old 38 years ago with his family,  no visa no documentation . He grew up here in the same city for 38 years here in California. Him and I went to he same high school together . We later married after I had finished college . We have 3 beautiful children together . We are trying to start the journey in trying to get a visa/greencard. Well our story is not easy , when he was younger he had 2 encounters with the police ( being young )  all being just minor mister minor offenses on the second occasion he was deported after his status was recognized . He then came back again, and thats where we met after graduating from high school , and went on to get married and have my beautiful family, both paying taxes and having no encounter with the police for over 19 years now . We would like to go the appropriate route . I am determined to do this for my children . He is a HARD working father and a AMAZING husband. Any advice would be great. 

Hi. You will have to File I-130 correctly (To adjudicate in his Home Country) and when it is approved. Then File I-601A and I-212

[HRQX 4,145]

On 7/9/2020 at 3:59 PM, Lucky Cat said:

You might consider relocating the family to his country.

OP didn't mention where he's from, but if it's Mexico there's the option of living in a Mexican border town and the children commuting to the US daily:

 

[HRQX 4,145]

14 hours ago, DSPDallas said:

Then File I-601A and I-212

I-601A has the following requirement: "Believe you are or will be inadmissible only because of a period of unlawful presence" https://www.uscis.gov/family/family-us-citizens/provisional-unlawful-presence-waivers

He was deported and then re-entered illegally. Thus, I-601A shouldn't be filed. He must depart the US and then after 10 years abroad he can seek the I-601 waiver process.

INA § 212(a)(9)(C) "Aliens unlawfully present after previous immigration violations" https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1182&num=0&edition=prelim

Edited July 11, 2020 by HRQX

[geowrian 22,335]

It sounds like a 9C bar. This is very not DIY.

 

Essentially, if you EWI when you are still barred (like he was due to a removal), then you have a permanent bar.

This bar can be waived, but one must be outside of the US for at least 10 years before a waiver is available.

Edited July 11, 2020 by geowrian

[Crazy Cat 39,216]

8 hours ago, HRQX said:

OP didn't mention where he's from, but if it's Mexico there's the option of living in a Mexican border town and the children commuting to the US daily:

 

Thanks.  That's a great, great point......and may be workable for the OP.  Unfortunately, it appears the OP never came back to VJ....

Edited July 11, 2020 by Lucky Cat

[Ryan H 3,790]

Moved from What Visa Do I Need - Family Based Immigration forum to Waivers forum.

[Boiler 43,429]

Agree sounds like 9C 10 year bar waiverable after 10 years out.

 

Presumably why they have not done anything before.