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Thread: Elgibility For 1-601 Waiver

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    Elgibility For 1-601 Waiver

    Hello all,
    I have a questions what makes a person elgible for a waiver???
    03/29/2007- Send the I-130
    08/10/2007- I-130 Aproved
    09/26/2007- Received I-864 Bill & Immigrant Visa Bill
    10/04/2007- Sent I-864 Bill & Immigrant Visa Bill
    11/05/2007- Received I-864 form & DS-230 Part I & II
    01/24/2008- Sent I-864 form & DS-230 Part I & II
    03/11/2008- Case Completed
    05/22/2008- CDJ appointment @ 6:45 a.m.
    06/26/2008- Waiver Appointment @ 2:00 p.m.
    APPROVED!!!!!
    07/12/2008- Received SS Card!!!!
    08/12/2008- Finally Received Green Card!!!!!!!

  2. #2
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    I believe there is a sticky about that..If he does not have mult EWI's only one EWI..and no criminal record..deported..I am trying to find the sticky..good luck..someone else might come in and say more..good luck..

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    Thanks, I have some doubts too.My hubie entered since 1994. Do you think he cannot be elgible?
    03/29/2007- Send the I-130
    08/10/2007- I-130 Aproved
    09/26/2007- Received I-864 Bill & Immigrant Visa Bill
    10/04/2007- Sent I-864 Bill & Immigrant Visa Bill
    11/05/2007- Received I-864 form & DS-230 Part I & II
    01/24/2008- Sent I-864 form & DS-230 Part I & II
    03/11/2008- Case Completed
    05/22/2008- CDJ appointment @ 6:45 a.m.
    06/26/2008- Waiver Appointment @ 2:00 p.m.
    APPROVED!!!!!
    07/12/2008- Received SS Card!!!!
    08/12/2008- Finally Received Green Card!!!!!!!

  4. #4
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    It's more like what makes a person ineligible.

    The most common one for Mexicans is often referred to as 9(c).

    Generally, it means that a person was here illegally for more than a year, then left the U.S. (via deportation or otherwise) and re-entered without inspection. The other big one is having been in the U.S. illegally, then formally deported, then re-entering without inspection.

    Generally illegal presence doesn't "count" until April 1997, so if someone entered in 1994, then left the U.S. in 1996 and then entered again in 1998, they are eligible for the waiver. But, if someone entered in 1996, stayed until 1999 (and there accumulating at least a year of illegal presence that "counts") then left and re-entered without inspection again, they are not eligible for the waiver until they have been outside the U.S. for ten years.

    Other things that make one ineligible - any drug charge other than one, single, simple possession of marijuana.

    Another big one - false claim to U.S. citizenship for any immigration purpose. If someone entered the U.S. through the border and claimed they were a U.S. citizen to the border official is not eligible for any relief for life. If you actually got through the border like that and tell the officer at your visa interview that that was the way you entered you will never be eligible for a visa or a waiver.

    I hope that helps a little.

    Here's a more in-depth guide.

    Need help?
    Read the guide for legal status for an undocumented significant other and EWI & Bans: What you need to know before you file. Check out the list of Resources for Removal Proceedings.

    Need information about the I-601 Waiver proving Extreme Hardship? Read these guides!

    Important threads
    *CDJ Interviews & Waiver Appointments* *Refiling After I-601 Denial in CDJ* *CDJ Experiences* *CDJ Referred to the 'Backlog' Waivers* *I-601 Spreadsheet - For all waivers except Mexico*

    Before sending private messages, please post your questions on the public forum!

    I am NOT an attorney. Nothing I post is legal advice. Please check all information you receive on this forum with a qualified immigration attorney.






  5. #5
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    This is sort of a complicated question.

    It's more a matter of what makes you ineligible. In cases where a person is inadmissable, a waiver is required to 'overcome' that inadmissability.

    People can be inadmissable for sevral reasons, among them are EWI & illegal presence, overstaying a visa and then leaving the country, a crime involving moral turptitude (CIMT) or misrepresentation or deportation. Deportation is handled with an I-212 waiver.

    For some people with some circumstances, they are not eligible to file an I-601 waiver. If a person has multiple EWIs after April 1997 or is present in the US illegally for over 365 days total then leaves and tries to come back, they are not eligible to file an I-601 waiver. That is explained in great detail in the thread linked in my signature about understanding the bans. If you are concerned about your case, I recommend you read it, it might help clear things up.

    If a person has claimed to be a US citizen verbally or with documents, they will be charged with a lifetime ban and are not eligible to file an I-601 waiver.

    If a person has a single EWI and no other circumstances- but does not have a US citizen spouse, fiancee or parent- they are not eligible to file the waiver because they do not have a qualifying relative.

    Eligibility to file a waiver does not guarantee waiver approval. In some cases where people have had multiple DWI offenses, drug charges, violence or weapons crimes, etc., it is highly unlikely that a waiver will be approved.

    Does this help at all?
    Need help? Start by reading here:
    Don't understand the process?
    Read this:
    Help! My foreign spouse or fiance is/was present in the US illegally. What do I do?
    Don't understand about 3 year, 10 year & lifetime bans?
    Read this:
    EWI (Entering Without Inspection), Bans and more (Spanish Version Included)
    Need an Attorney? Immigration law is federal, and your attorney does not need to be local
    Read this:
    Attorneys recommended by I2US members
    Need to write a Hardship Letter for CDJ?
    Read this:
    Examples of CIUDAD JUAREZ Approved Hardship Letters
    After you have your greencard:
    Remember to keep your address current with USCIS- Online Form Here

    Your Rights and Responsibilities as a Legal Permanent Resident


    Our timeline (K-3) from 'undocumented' to Legal Permanent Resident! We did it!

    *Nothing I say should be considered legal advice. What you are reading in the post above is not legal advice. No one should act upon any information obtained from this site without seeking the opinion of a licensed attorney. Please do not PM me with routine procedure questions- post in the open forum and contribute to our knowledge base.*

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    So do you guys think he is elgible?
    03/29/2007- Send the I-130
    08/10/2007- I-130 Aproved
    09/26/2007- Received I-864 Bill & Immigrant Visa Bill
    10/04/2007- Sent I-864 Bill & Immigrant Visa Bill
    11/05/2007- Received I-864 form & DS-230 Part I & II
    01/24/2008- Sent I-864 form & DS-230 Part I & II
    03/11/2008- Case Completed
    05/22/2008- CDJ appointment @ 6:45 a.m.
    06/26/2008- Waiver Appointment @ 2:00 p.m.
    APPROVED!!!!!
    07/12/2008- Received SS Card!!!!
    08/12/2008- Finally Received Green Card!!!!!!!

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    Did you read through the link about understanding the bans? That should help answer your questions.

    Good luck!
    Need help? Start by reading here:
    Don't understand the process?
    Read this:
    Help! My foreign spouse or fiance is/was present in the US illegally. What do I do?
    Don't understand about 3 year, 10 year & lifetime bans?
    Read this:
    EWI (Entering Without Inspection), Bans and more (Spanish Version Included)
    Need an Attorney? Immigration law is federal, and your attorney does not need to be local
    Read this:
    Attorneys recommended by I2US members
    Need to write a Hardship Letter for CDJ?
    Read this:
    Examples of CIUDAD JUAREZ Approved Hardship Letters
    After you have your greencard:
    Remember to keep your address current with USCIS- Online Form Here

    Your Rights and Responsibilities as a Legal Permanent Resident


    Our timeline (K-3) from 'undocumented' to Legal Permanent Resident! We did it!

    *Nothing I say should be considered legal advice. What you are reading in the post above is not legal advice. No one should act upon any information obtained from this site without seeking the opinion of a licensed attorney. Please do not PM me with routine procedure questions- post in the open forum and contribute to our knowledge base.*

  8. #8
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    You posted he only entered once and that was in 1994? Then yes he should be eligible...
    Still hanging in there....

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    does he have a criminal record?
    starting out? click here and here for the guides~~~read my approved hardship letter and other approved HSLs
    click here for full timeline~~~if you plan on using a lawyer, please use one of these recommended ones.
    approved 9/4/08~~~we did NOT use a lawyer.

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    Yes he has only entered once and no he has no criminal records. Thanks
    03/29/2007- Send the I-130
    08/10/2007- I-130 Aproved
    09/26/2007- Received I-864 Bill & Immigrant Visa Bill
    10/04/2007- Sent I-864 Bill & Immigrant Visa Bill
    11/05/2007- Received I-864 form & DS-230 Part I & II
    01/24/2008- Sent I-864 form & DS-230 Part I & II
    03/11/2008- Case Completed
    05/22/2008- CDJ appointment @ 6:45 a.m.
    06/26/2008- Waiver Appointment @ 2:00 p.m.
    APPROVED!!!!!
    07/12/2008- Received SS Card!!!!
    08/12/2008- Finally Received Green Card!!!!!!!

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