Help! Is my husband eligible?

[lisa7078]

So my husband and I have been working with an attorney and he states my husband is eligible for the I-601 waiver, but I'm afraid I'm not understanding correctly. Heres our background...

Our I-130 was approved on November 12, 2007
Waiting on the NVC

My husband ewi in September 1990 and voluntarily departed on January 1996 to Mexico. He ewi again in July 1996 and has been here ever since. Our attorney says he is eligible because it happened before the law to affect April 1, 1997. Is this correct? I'm afraid to go to an interview in Mexico because I feel like he's not going to be eligible. Any input would be great!

Thanks so much!!

[simply-heartfelt]

:welcome:


Lisa.... I'm not sure there.... since the time he accumulated AFTER 1997

Someone here that's knows more about this will chime in soon.

Hang in there!

[kitkat1]

So my husband and I have been working with an attorney and he states my husband is eligible for the I-601 waiver, but I'm afraid I'm not understanding correctly. My husband ewi in September 1990 and voluntarily departed on January 1996 to Mexico. He ewi again in July 1996 and has been here ever since. Our attorney says he is eligible because it happened before the law to affect April 1, 1997. Is this correct? I'm afraid to go to an interview in Mexico because I feel like he's not going to be eligible. Any input would be great!

Thanks so much!!

Your attorney is correct - that is great news. The law went into effect on April 1, 1997. The part regarding multiple entries after more than 1 year of illegal presence does NOT apply to him (9c). He WILL need a waiver to overcome his illegal presence since 1997 and he is eligible.

I would make sure you print out the complete law and have it with you at the interview - they have made mistakes in interpretation of the law but if you have the printout and make sure you clarify any errors on their part (speak to a supervisor BEFORE leaving the consulate if need be) you should be fine.

http://www.americanlaw.com/unlawfulmemo3.html

For purposes of section 212(a)(9)(B), time in “unlawful presence” begins to accrue on April 1, 1997. For example, although an alien may have been in the United States illegally for one year prior to April 1, 1997, as of April 2, 1997, the same alien has accrued only one day of “unlawful presence” for purposes of section 212(a)(9)(B).

For purposes of section 212(a)(9)(C), time in “unlawful presence” may accrue prior to April 1 1997. Thus, the same alien who would only have one day of unlawful presence for purposes of section 212(a)(9)(B) on April 2, 1997, would have one year and one day of “unlawful presence” for purposes of section 212(a)(9)(C).

In addition, when measuring time spent “unlawfully present” in the United States, the time is measured cumulatively for purposes of section 212(a)(9)(C), but not for purposes of section 212(a)(9)(B). For example, an alien who was “unlawfully present” in the United States for 5 months,
departed the United States, returned, and was “unlawfully present” for 2 more months would have accrued 7 months of “unlawful presence” for urposes of section 212(a)(9)(C), but not for purposes of section 212(a)9)(B).

[Pinkpig]

Kitkat1 is correct, as usual...

[lisa7078]

Thanks so much everyone for your input. It means a lot to know that you have others that know the procedure.

[simply-heartfelt]

My husband ewi in September 1990 and voluntarily departed on January 1996 to Mexico. He ewi again in July 1996 and has been here ever since. Our attorney says he is eligible because it happened before the law to affect April 1, 1997. Is this correct?



So sorry.... guess I should learn to read better.... I knew that.... just didn't read it right.

Need sleep or :coffee:

[Pinkpig]

So sorry.... guess I should learn to read better.... I knew that.... just didn't read it right.

Need sleep or :coffee:

Not a problem. We have all done the same at one time or another. Jumping in is the best way to learn. You are totally forgiven...

[Adriane]

Yes, he should be eligible. Your attorney seems well informed which is great since so many aren't.

Congrats and good luck!

[chalakita]

lisa - those are good news get your waiver ready :)