emt103c

This was my question. Not about how to avoid having 90 days of unemployment.

No. Ask for a summer class or find another solution (i.e. travel or going back to regular F-1 to take a class. . . applying for B-1. . .). You need to stay in status. Talk to your international student office. . .they should be able to help.

The important thing is that your name and case number are on everything. The best thing to do is have a cover letter explaining you are replying to their request that has a header with your name and contact information and your case number in a way that stands out. Behind that, a copy of the request, behind that the information you are sending in reply. Each document should have your case number and name on it clearly and legibly.

Good luck.

As long as you left less than 180 days after your birthday, and you never had depotation hearings against you, you should not need a waiver to enter on a visa.

You did have illegal presence, and illegal entry, but as noted, you came under an exception for minors that would have expired for you had you left AFTER you turned 18.5.

There is no exception, unfortunately, for those who are deported as minors.

You can find a ton of people who fit this description at www.immigrate2us.net.

I2US is a great site for 601 information and Laurel Scott is most definitely a good lawyer. You can try this attorney too: Laura Fernandez

Actually, IF, you have confirmation from a good legal source who has reviewed all aspects of your case and determines that you do not have any other ineligibilities, you could file the I-130, get the receipt and then mail in the 212 to the appropriate USCIS office. But, before doing this, you want a reliable legal consult from an experienced 212 lawyer. IF, however, you need the 601 you will have to wait for the denial and file the two together.

It's not an error. . .they lied to the father about being married, and then when put into AP he was interviewed and told the officer what he thought to be the truth. . .that they were already married. There is likely no recourse, though if anyone knows how to fix it, Marc Ellis would be a good chance.

With Pakistan, it might take less time just to go ahead with the marriage and subsequent filing. . .they've already wasted months on the AP

It's good to know the end of this story, remember what we discussed before? I told you this was probably what was happening!

Please contact an attorney. What age were you when you left. . .if it was before you turned 18 and six months (exactly) then you won't need a 601 which would usually be required in this case. . .but if they're telling you to file a 212, then they are saying you were deported. . .if you were not, then you need to try to prove that in your 212 package.

Typically you can mail it, but it adds time.

Do consult with a good attorney. You need to figure out when they declared him as "Not maintaining his non-immigrant status" which is what that code means. If it was more than 180 days then he may need that 601 waiver. Can you give us a clearer timeline? Specifically when the Notice to appear was supposedly sent out, when the deportation hearing was and when he acutally left the US. From the original post it looks like 2006, so did you marry him in Pak or was he still in the US in 2008.

It sounds like they were mistaken. . .he was here on a student visa and attended classes all semesters, right? This might be an effective argument if you have to file a 601 which is strangely hard to get approved in Pakistan sometimes. . .

Also, I don't think Pakistan is enforcing the five year ban for missing deportation hearings, but that is something else you would want to address with a lawyer. Immigration law is federal and most really good immi attorneys can conduct all meetings and consults by fax/phone/internet. . .

You are going to need to wait until the interview to submit the waiver. From the sounds of the case, he will need both a 601 and a 212. . .the 601 is for the overstay and the 212 for the deportation. Check out www.immigrate2us.net for more information on the 601, it is a complicated process, but there is a lot of informtion on that website.

Yes, you will check the "arrested and deported" box when the time comes.

Yes, the things you need to address in the 601 package is different based on why he's inadmissible. If he's never been to the US it cannot be overstay. . .so does he have a CIMT or did he commit fraud applying for a visa? Why does he need a waiver?

Feb 14 Entered (?)

May 15 ended 90 days

June 29 Custoday (overstay at 44 days)

Even if he doesn't get sent back until August 31, he'll only have 108 days illegal presence and will not need an I-601. This is assuming (from your timeline) that he entered February 14.

May 16 days illegal presence

June 30 days illegal presence

July 31 days illegal presence

August 31 days illegal presence

I believe that time spent in detention does not count, but that it is also too short a time to get to 180 days.

How long past his 90 days was he here before getting picked up?

Have you called any attorneys that specifically specialize in ICE detention or VWP problems? There is an attorney (who does not specialize in detention, but waivers) who does a free chat on Wednesdays. She will usually advise who might be best to call if you post the question. It is free and worth a shot. (Laurel Scott is the attorney) The rules are very unforgiving for VWP violations because they waiver their rights on entry. If you'd like him to get sent back as soon as possible, I'd call my Senator's immigration liaison and ask for help. Tell them you're offering to pay for his trip and they just won't move him. The deportation is almost automatic for VWP entries, but you need to get attention to get him out of there. . .you just want to get him out of there quickly and start the process. Maybe if the Senator's lisiason is helpful enough they'll listen.

It is always best to ask a lawyer this question, however, the inadmissibility is someone coming to the US to "practice polygamy. . ." it is someone in a *current* polygamous relationship. Frankly, the law is so centered on the male half of that relationship, it will probably never come up at all until the actual visa app at the consulate and then she just checks the box that she is not coming to the US to practice polygamy. . .also, do not volunteer this information unless SPECIFICALLY asked.

I can almost guarantee it will not come up.

DO NOT RELY on the USCIS number for advice. They are the ABSOLUTE WORST at giving advice. Talk to an attorney. If you are saying he has not yet been deported then you REALLY need to talk to an attorney because there is a chance you could *possibly* get VD (voluntary departure) instead of deportation. It is not likely unless you have a great attorney because of the entry on Visa Waiver Program. Also, this is not a case where a 212 would be filed before a person is deported. Please, contact an attorney.

Since she entered the US unlawfully she will be charged with Misrepresentation, which is a lifetime ban, she'll need an I-601 for that. . . .She left at 19 years old, that means more than 365 days count towards her overstay ban, meaning a 10 year ban from the time she exited the US, which will be hard to prove because of the name changes by passport.

The I-601 can take care of both of these bans. Check out www.immigrate2us.net. There are a lot of people who've successfully filed and obtained approval for 601's even 601's through Brazil.

The consular officers really don't have any wiggle room to not enforce the bans. . .they have to by law.

Now, with all of that said, the Misrepresentation may be something that Brazil can find a way around, only because she was 10 years old, but do not count on it. . . that section of the law is very unforgiving and it doesn't even allow for an exception for minors! Either way, she'll need the 601 for the overstay.

You do not have to wait a year to file it, but not because of that section. . .that section is referring to people with an outstanding deportation order while still within the US so that they can file a petition under 245i (a section of law for people with pending petitions before 2001. . . who now have a higher priority approveable petition. . . )

Anyway, what you specifically need to do is consult with an attorney (Laurel Scott or Matthew Kolken or any other REALLY experienced attorney in waivers and 212 ineligibility) and make sure that after you've gone over your case thoroughly that you are certain he will not need a 601. Even before that you can go ahead and let the I-130 be running its course. If the attorney agrees that you do not need a 601, then the 212 will be filed with the district office over the area of deportation. There is a lot of information on the 212 at www.immigrate2us.net. It is a pretty involved petition and the instructions do not cover all of the evidence you need to submit, but the adjudication process outlines it pretty well and that is posted at I2US.

If you start early enough, the 212 could be completed before you even get to the interview or soon thereafter. The faster, the better.

Good luck!

If there are no other ineligibilities, for example if you were given an expedited removal on the border and not charged with Misrepresentation. . .then the 212 will be filed alone. In this case, you can file the 212 before the interview. It is important to clarify this with one or more attorneys before deciding to go ahead and file, because if there are other ineligibilities, like Overstay or Misrepresentation, then the person will need a 601 too and will not be able to file the 601 until the consular interview. . .in this case, 212's must be filed at the same time as the 601. All of this assumes you are applying for an immigrant visa (specifically cr1/ir1) if you are applying for a k1 then you must file the 212 at the visa interview whether or not you have to file a 601.

It looks from your timeline that his overstay was less than 180 days, so no need for an i-601. Are your dates accurate? How did he get caught overstaying? Usually they do not pay that much attention. Did someone call on him?

I don't have a minute to read all seven pages right this second, but in Canada, if he's being sponsored "common-law" he cannot already be married to someone else. . .he must be lying on the paperwork. . .if you're feeling like revenge might be fun any time soon. . .

haha, oops, sorry I misread, I thought your family hadn't RECEIVED their visas yet and that you had.

Yeah, AP takes a really LOOOOOONG time in Pakistan. My husband's visa was going through Canada, but spent 7 months in Pakistan undergoing Administrative Processing. . . .they should have held your family's visas if they thought it was going to take such a long time so that their's did not expire before your's arrived!

EMT103. While you are correct about section 9A of the ineligibility list, you failed to state that there are exceptions to the rule.

I'm not going to keep beating a dead horse. I can't explain it any clearer than I already have. You obviously know much more than the people working at the consulate.

Wow, you have made this really impossible. You acknowledge above that it is listed as an ineligibility and yet you are also saying it is not an ineligibility. You HAVE MISUNDERSTOOD the consulate and the writing in the law. You have interpreted it incorrectly, but you are trying to make me appear to be obstinate.

READ THE LAW. Your exception is a different section that caused your spouse not to be ineligible under 9b, but ineligible under 9a.

I will now also stop reading/responding to this since we've hijacked the thread enough. . .

If you read what has been written with a clear mind and read the law you will understand. Stop thinking that the email from the consulate trumps the law. . .I've read enough letters/emails from consular officials to know that mistakes, mistatements and omissions of information are quite common. This is the case here and you've held onto it as if it were gospel.

Law trumps consular official typo.

Have you followed the instructions at the bottom and contacted the ombudsman? Have you contacted a lawyer or Senator or House Rep?

That exception is listed under 9B for overstay, not an exception for deportation 9A.

Was she deported or not? If she was deported, she was ineligible, if she was not deported, then she was not ineligible. It is a legal term, I am sorry that it is such a charged word for you, but it is the term used in the statute.