Question about I-601 Form revision 02/28/08

[pluan]

Hey, maybe some of our lawyers out there could explain this to us, please.
In the revised instructions for the 601, under Specific Instructions it says,

Note: If this form is approved, the waiver that is granted will apply ONLYfor those grounds of inadmissibility and those crimes, incidents, events, or conditions that you have included in your application. For this reason, it is important that you disclose all grounds of inadmissibility for which you seek a waiver.

So, is it saying that if there is something else, not on your denial letter, that you 'd better disclose it and ask for that to waived as well??? Do I need to find a list of all potential grounds of inadmissibility?? So, if my husband was arrested for something years ago, for example, do I disclose that and ask for the waiver to cover that??

[douginguam]

US Immigration tends to give you about 100 chances to incriminate yourself - by repeating the request for the same information. Perhaps this is just another chance.
If you were not truthful up to this stage, then ..........

:go: good luck :go:

[pluan]

Thanks, Doug, but I was hoping ,for a lack of a better word, a better answer than that.

Anyone out there with some actual legal knowledge want to explain??

[simply-heartfelt]

Pluan - you are being rather vague.

Is there something in your husbands past that has you worried? If yes, then I would suggest explaining it better so that you can receive a more direct answer.

[Pinkpig]

If there is something in the past that you have not disclosed on the official paperwork, or if you lied about anything, if they find out, you can be charged with fraud/misrepresentation and then you will need to overcome that charge as well.

If there is something in the past (legally or immigration wise) that has not been disclosed, then up until the time that you become a USC, if they find out about whatever offense it was, they can charge you with that offense and you could be deported.

This can happen at anytime. While you are crossing the border, at your interview to remove conditions, anytime you go through customs in the future, etc.

[emt103c]

What they are telling you is correct. (The attorneys who are members won't answer questions as "specific" as this without a consultation.)

You are expected to disclose everything on the form. HOWEVER, usually, the consulate gives you the grounds of inadmissibility to put on the form, as far as I know you just write on the form what your denial letter says. IF, later they find more reasons, that clause gives them the right to send you back to apply again.

That is the way our beautiful immigration system works :sarcasm: Their error, your pain. As long as you've disclosed everything on the DS-230, there should be no problem.

[pluan]

What I think is vague is the wording of the paragraph from the instruction form. I would not know what to be worried about since the instructions don't clearly state how many or the nature of grounds of inadmissibility.

This paragraph was not in the previous version of instructions, so there must be a reason for their inclusion.

But thank you all for your help .

[emt103c]

The reason is to clarify their point that they can go back and penalize you if you omit grounds of inadmissibility. The grounds you are supposed to write are whatever the consular officer put on the denial form.

The original instructions were much less specific and did not clarify that the only inadmissibilities being waived were the ones listed. It gave the appearance that it waived any grounds of inadmissibility, which was never true. This is just the govt. going back and covering their "bottoms." [no infraction, no curse word!]

[douginguam]

What I think is vague is the wording of the paragraph from the instruction form. I would not know what to be worried about since the instructions don't clearly state how many or the nature of grounds of inadmissibility.

This paragraph was not in the previous version of instructions, so there must be a reason for their inclusion.

But thank you all for your help .

Pluan,
The law states very clearly what the grounds of inadmissability are, and they are presented here - http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

Perhaps it is not as clear as we would like but its all there.

If you want a simpler summary I find the description in thier statistics pages easy to follow - try - http://www.travel.state.gov/pdf/FY07AnnualReportTableXX.pdf

:go: good luck :go:

[pluan]

Thank you Doug