Other Options than I601

[Cfloresgirl]

Hello everyone..hopefully I am posting this in the right place :shy: Anyhow I have talked to another attorney to just explore our options before deciding anything.She mentioned a new one to me that I have NEVER heard about and was curious if this is a common route or if anyone knows about this...Since my hubby will be barred if we go through CDJ.Below is what the attorney said..Thanks guys!!!


When you don't qualify for the I601....
"For individuals in this situation, I generally recommend that they consider nonimmigrant options. This would require the individual to leave the United States (which will begin the 10 year period), develop ties to his or her home country and maintain documentation from the date of departure. The individual can then apply for a nonimmigrant visa with a waiver (the standard for which is considerably more flexible than the I-601), and enter the United States as a nonimmigrant. This option would require the individual to return to his or her home country much more frequently, but at least he or she will be able to spend some time in the United States while waiting for that 10 year period to lapse".

[Laura]

Are you ineligible for the I-601?

I'm not sure how likely it is that your husband will be able to qualify for any sort of non-immigrant visa. I'm sure she means a tourist visa, but it's very difficult for Mexicans to get a tourist visa to begin with. Your husband would have to prove that he has income and ties to Mexico and I'm guessing it would be a big strike against him that his wife and child live in the U.S. I'm not saying it's impossible, but even if they were theoretically going to give him a tourist visa he would need, as you said, the non-immigrant waiver. I don't know much about this, but I don't know that it is something you should count on. Maybe someone else will chime in.

[Cfloresgirl]

Yes we are ineligible..Hubby EWI'd in 1994..left in 99 and Ewi'd again in 2000.
Our current attorney who helped us start the process thinks he will qualify for the I601,as well as another I have consulted.This attorney who gave me this new information is the 4th attorney I have spoken to and she is the only one who seems to be reading the law the same as me,and agrees hubby doesn't qualify for the I601.So again the non-immigrant visa route is one option she mentioned.It was a new one for me...

[Laura]

Well, if your plan is to live out the 10 years with him in Mexico then it's a great thing to try. But if you are thinking to just have him wait in the U.S. hoping for reform then I wouldn't necessarily have him leave thinking this option will be successful because it's going to be really hard to get that non-immi visa approved, even without the waiver because he has so much immigrant intent.

[losguerra]

This is something I've often wondered about. My husband has the opportunity to try out for a semi-pro soccer team here, but they frequently travel to tournaments in the US. I hate that his dreams HERE are being held down, too. But I told him he should be prepared that it's really unlikely he'd be approved for a visa to travel with a team like this, at least until I'm working on a regular work visa in Mexico and we've established a long and stable presence here.

Do you know how we might be able to connect with people who HAVE had a non-immigrant visa approved for someone otherwise ineligible? I'm really curious what it takes...

[Laura]

Amy - I would say him being part of a semi-pro soccer team would give him a pretty good chance at getting a non-immi visa. I mean, that's something a little more extraordinary than just applying as a tourist.

[Cfloresgirl]

Do you know how we might be able to connect with people who HAVE had a non-immigrant visa approved for someone otherwise ineligible? I'm really curious what it takes...
I am trying to find others as well..so I will keep you posted..I thought of your situation when I first heard of this so i am glad you read the thread...

[losguerra]

Oh, OK, that is encouraging. I was just thinking of the Cuban soccer players who defected to the US while playing a tournament a few weeks ago... I should probably be more optimistic.

[ojos_de_alicia]

i heard about those cuban players i thougth it was kinda funny in a way.. in any case.. i do thinks its going to be really hard to get a non immi visa instead... but its always worth a shot.. i do think that being on some sort of professional level like ur husband would be would make it easier.. but they are tuff on that

[gatita]

How extreme are your hardships? Would he qualify for cancellation of removal in 2 years? I don't know much about this, but I know that the idea was thrown around here a few months back. I'm thinking that it's a super rare thing, but maybe it's worth at least asking a competent lawyer about.

[tasksgirl]

Wait I'm confused though.. I thought if you were inelgible for the I-601 waiver you'd be inelgible for other things too.. like if you had multiple EWI and stuf..

[llanderos11]

I thought so too. I thought that if you had been EWI, you were ineligible for a tourist Visa for 10 years. Am I wrong?

In either case, I don't think that LGuerra has anything to lose for her husband to try for the Visa on a sports related need, that is except for the costs of going to the consulate.

[kitkat1]

Yes we are ineligible..Hubby EWI'd in 1994..left in 99 and Ewi'd again in 2000.
Our current attorney who helped us start the process thinks he will qualify for the I601,as well as another I have consulted.This attorney who gave me this new information is the 4th attorney I have spoken to and she is the only one who seems to be reading the law the same as me,and agrees hubby doesn't qualify for the I601.So again the non-immigrant visa route is one option she mentioned.It was a new one for me...

I don't understand this -- your current attorney and others think you are eligible for a waiver when it's clear that with an illegal entry (I'm assuming the first was more than 365 days) after one year makes his ineligible?

The reference is to a non-immigrant waiver - Section 212(d)(3) of the INA permits waivers of ineligibility for nonimmigrant visa applicants. I would do a lot of research before deciding to go this way - since it seems extremely unlikely that he would qualify based on prior history. It's also temporary.


There are three main criteria for determining whether to approve or deny a waiver application under section 212(d)(3) of the INA:a. The risk of harm to society if the applicant is admitted;


b. The seriousness of the applicant's prior violations, if any; and

c. The reason for wishing to enter the United States.
The INS also takes into consideration the amount of time that has passed since any criminal conviction occurred, type of disability, if any, and the probable consequences, if any, to the public interest of the United States.


Some of the information needed for filing a waiver may include:
a. Reference letters from individuals who have personal knowledge of the applicant's character and reputation in the community;


b. A letter from the applicant's employer stating the job title and period of employment;

c. An affidavit from the applicant addressing the 3 main criteria listed in the prior list above;

d. Copies of criminal conviction records, if applicable, and/or letters from physicians, if applicable;

e. Documentation regarding previous waiver applications; and

f. Filing fee (required in most instances).

Approved waivers are generally valid for a period of one year, with either a single entry or with multiple entry visas allowed

[Cfloresgirl]

KitKat

Yes My current attorney and the two prior to her said he IS ELIGIBLE.I have been reading EVERYTHING I can find on the I601 and that is why I spoke to yet another attorney because I KNOW HE IS NOT ELIGIBLE and I am looking at all possible options before we make any decisions.

This current info about the non-immigrant waiver is new info this attorney passed my way, so I am reading all I can on that..and as well as cancellation of removal like Gatita said in her post since his last entry was in 2000...both are probably a long shot,but the best thing in my opinion is to learn all I can about both...since I have gotten different opinions from different attorney's along the way.

[Laura]

I'm not sure about this. I think it's possible that an immigrant ineligible for an I-601 waiver could theoretically be possible for a non-immigrant waiver. Of course, it's going to be nearly impossible to get approved because it's unlikely they will give him a "tourist" visa to go visit his family in the U.S., and then he has to do a waiver, but it's a completely different sort of waiver. Overall, if he leaves the U.S. it seems like you should not assume in any way that he's going to be able to return before the 10 years is up. If you have the funds to pursue this whole non-immigrant waiver stuff it's worth a try, but it's temporary anyway. It's not like he's going to be able to live in the U.S. Just imagining a 20-something Mexican man who's not totally wealthy and connected getting a tourist visa (and then throw in that he's married to an American) it's pretty unlikely.

[kitkat1]

KitKat

Yes My current attorney and the two prior to her said he IS ELIGIBLE.I have been reading EVERYTHING I can find on the I601 and that is why I spoke to yet another attorney because I KNOW HE IS NOT ELIGIBLE and I am looking at all possible options before we make any decisions.

This current info about the non-immigrant waiver is new info this attorney passed my way, so I am reading all I can on that..and as well as cancellation of removal like Gatita said in her post since his last entry was in 2000...both are probably a long shot,but the best thing in my opinion is to learn all I can about both...since I have gotten different opinions from different attorney's along the way.

I would run far away from those lawyers or at least tell them to prove to you that he is eligible - seems they just want your money and to give you false hope. I don't think cancellation of removal is a viable option unless he has been placed in removal proceedings. I doubt a non-immigrant waiver is at all an option. You should probably start considering relocation- it seems to be the most logical option here.

[Cfloresgirl]

First Thank You all for your input..it is appreciated..and we are looking into relocation..as the 10 years are going to pass by either way..might as well decide while our younger kids are still pretty little..like I said before my oldest is a sophomore in high school and has opportunities for scholarships in the future so I think that part will work itself out...Time will tell...
I'm glad to be able to bounce all this info off of you guys because in some ways it does sound to good to be true and to get others opinions helps alot.:o

[Adriane]

You might want to consider El Paso/ CDJ. It worked really well for us for 14 months & if we had to wait longer, we could have. Also, maybe Canada is an option for you. With enough advanced planning, that might be the best choice.

Good luck!

The problem with a non-immigrant visa is that you need to prove non-immigrant intent- and if you have already filed an I-130 and have US citizen family and have lived there illegally before it makes it very, very, very hard if not impossible.

Maybe you should try just laying low?

Good luck- a solution will present itself.

[Cfloresgirl]

Adriane...Thank You..I was thinking about living on the border..We have been saving money for 4 years and we also would have to sell our house here(I hope the market improves) so we would have a head start financially for sure..I am a planner and a worrier and I have found out a company I worked for, for 8 years has schools both near the Texas and California borders.

Or we can lay low like you said...HOPE with this election we have some positive changes!