Overstay

[bellabarb]

Hi All,

My fiance was deported back in March and we will be filing the I-601 in a few months. My question is my fiance overstayed for about 6 years so would that affect the approval rate for the I-601? Also, he was brought to the U.S. with his mom and they were only on a tourist visa. She never filed to adjust her and my fiance's status or anything. He was 9 years old at that time. Once he turned 18, he was already on deportation notice. It's not his fault that his status was never changed due to his mother's failure to file. Can we do anything about that?

[Coventrated]

On what basis was his Mother going to change his staus?

[bellabarb]

I'm not sure. I think my fiance once told me that she had married a guy and was trying to adjust their status that way. However, they divorced and he called immigration saying that the marriage was fraudulent.

[Ginger]

That you fiancée was for 6 years illegal in the US would not affect an approval of the waiver.
Also, you might want to look deeper into the laws, since your fiancée was minor when coming to the US, you might prove that he was not responsible for being brought in the US and for staying there when his visa ended.
Since your fiancée was deported, you will need to fill 212 waiver (for the deportation) as well as 601. However, the good new is that you can use the same hardship letter and supporting documents for the both waivers.

Good luck.

[Ginger]

You might want to look deeper into that situation because if charges of fraud marriage went through and was documented by the INS you fiancée in banned for LIFE from the US (committing marriage fraud triggers ban for life and no waiver apply). You definitely want to know for sure what’s the case. Sorry.

[BelarusGirl]

Well, what I understood is that his mother got married before, not your fiancee himself. So even if the marriage was found fraudulent, it should not affect your fiancee (it may affect his mother if she wants to become legal in the future).
Moreover, all the time that he's been illegal as a minor (before 18) will not count as illegal presence for immigration purposes. Therefore, his actual illegal time in the US was the time after he turned 18 (regardless whether he was "on deportation notice" or not: as long as he was still present in the US. Therefore, if he left the country before his 19th birthday, he may be banned only for 3 years, not for 10. And if he left before he turned 18 + 6 months, then he may not even need I-601 waiver (he will still need I-212 if he was deported).

[bellabarb]

thanks everyone. it was his mother who had the fraudulent marriage. i don't know if immigration ever did do anything about it....because she's still in the U.S. anyhow, you guys answered my questions.

thanks again :thumbup:

[bananasareformonkeys]

yeah, you and your fiance should be fine, it was his mother's wrongdoing not his. you just have to go through the whole 212 601 process but that's shouldn't be too hard. just find really good reasons for your hsl...also if you need help on the hsl, you can get lots of tips and advise on this website about the perfect hsl...good luck on your journey:wink: