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Thread: Starting 601, lots of questions, (can disabled US spouse get help writing affidavit?)

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    Question Starting 601, lots of questions, (can disabled US spouse get help writing affidavit?)

    Hello!

    I am starting my AOS process and will require a waiver, I have been reading non stop through as many resources as I can get but I still have questions and I would be extremely grateful if someone could take the time to answer them.

    I am doing my adjustment of status via approved VAWA, but I know that I will need to submit waivers for inadmissibility. My parents brought me here as a child, but forced us to leave right before DACA and I was already over 18 so unknowingly I triggered the 10 year ban. I came back a year later, but in order to do so my family paid a "Travel agent" to do all of my paperwork to renew my visa. I don't know what all this included, I don't know what he submitted, the day of the interview he met me outside the embassy with my paperwork and took everything afterwards. I'm guessing there had to be material fraud, because I overstayed as a child. I know I did lie on one question during my (very short) interview, and that was when I was asked if my father had ever overstayed, I said no when I obviously knew he had overstayed.

    My Questions:

    1. Do I need seperate Waivers for each thing I need forgiven, or is it all included in one? (Ie, 10 year ban and visa fraud)

    2. I know my U.S. spouse has to write an affidavit, however he is disabled (Medical reason is our top argument, I'm his full time caretaker)and probably won't be able to write an affidavit without help, who is allowed to help him write it?important

    3. If someone helps him write it, should the letter state that he got help in writing it?

    4. I have 2 babies and I have guardianship of my US citizen little brother but he is turning 18 very soon, if he's already 18 can I still mention that I was his guardian/that he still relies on me for support?

    5. I know I was an adult when I triggered the 10 year ban by leaving, but should I include/explain that I was threatened/forced to leave with my parents? (which we were, and if you know Latina moms, you know hard it is to defy them even if you are over 18.)

    6. I know fraud doesn't look good, because it puts to question my entire moral character, but should I explain that I did not know the extent of the fraud?

    7. Is there anything else I should include that needs to be pardoned? Such as, working illegally, speeding tickets?

    8. I'm saving up to hire an attorney, does anyone know what the attorney should/will write? (most won't tell me until I have paid a retainer fee) I just need to know what things I shouldn't worry about writing or getting.


    Thanks in advance to anyone that answers any of my questions!!
    Last edited by Msv2; 03-23-2018 at 09:00 PM. Reason: Fixed number order

  2. #2
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    Quote Originally Posted by Msv2 View Post
    Hello!

    I am starting my AOS process and will require a waiver, I have been reading non stop through as many resources as I can get but I still have questions and I would be extremely grateful if someone could take the time to answer them.

    I am doing my adjustment of status via approved VAWA, but I know that I will need to submit waivers for inadmissibility. My parents brought me here as a child, but forced us to leave right before DACA and I was already over 18 so unknowingly I triggered the 10 year ban. I came back a year later, but in order to do so my family paid a "Travel agent" to do all of my paperwork to renew my visa. I don't know what all this included, I don't know what he submitted, the day of the interview he met me outside the embassy with my paperwork and took everything afterwards. I'm guessing there had to be material fraud, because I overstayed as a child. I know I did lie on one question during my (very short) interview, and that was when I was asked if my father had ever overstayed, I said no when I obviously knew he had overstayed.

    My Questions:

    1. Do I need seperate Waivers for each thing I need forgiven, or is it all included in one? (Ie, 10 year ban and visa fraud)

    2. I know my U.S. spouse has to write an affidavit, however he is disabled (Medical reason is our top argument, I'm his full time caretaker)and probably won't be able to write an affidavit without help, who is allowed to help him write it?important

    3. If someone helps him write it, should the letter state that he got help in writing it?

    4. I have 2 babies and I have guardianship of my US citizen little brother but he is turning 18 very soon, if he's already 18 can I still mention that I was his guardian/that he still relies on me for support?

    5. I know I was an adult when I triggered the 10 year ban by leaving, but should I include/explain that I was threatened/forced to leave with my parents? (which we were, and if you know Latina moms, you know hard it is to defy them even if you are over 18.)

    6. I know fraud doesn't look good, because it puts to question my entire moral character, but should I explain that I did not know the extent of the fraud?

    7. Is there anything else I should include that needs to be pardoned? Such as, working illegally, speeding tickets?

    8. I'm saving up to hire an attorney, does anyone know what the attorney should/will write? (most won't tell me until I have paid a retainer fee) I just need to know what things I shouldn't worry about writing or getting.


    Thanks in advance to anyone that answers any of my questions!!
    Are you sure you have the 10-year 9B ban? What status were you in when you came to the US the first time? How long was it from when you turned 18 until you left the US? How long has it been since you left the US until now?

    Also, since you are a VAWA self-petitioner, it's possible to avoid the 9B ban if you can show that there was a "substantial connection" between the abuse you suffered and your overstay. I am not sure if this is true in your case, but you wouldn't need a waiver for this ban if you can show this.

    From what you said, you probably have the lifetime ban for fraud or willful misrepresentation, and the requirements for waivers for both bans are basically the same, i.e. you need to show that your USC or LPR spouse or parent would suffer "extreme hardship" (except that for the waiver for the fraud ban, VAWA self-petitioners can also use hardship to themselves or their children; the waiver for the unlawful presence ban doesn't allow this).

    Working illegally and speeding tickets do not trigger bans.

    You would file one I-601 if you are applying for waivers for multiple bans.

    I am not sure about your question regarding the affidavit. Do you mean he can't physically write but he can dictate what he would say? In that case someone can transcribe it. Or do you mean he can't compose the letter at all? If he can't compose it at all, I don't think that an affidavit from him is strictly necessary.
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

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    Hi Msv2, my suggestion would be that you try and sit with a reputable immigration attorney or a few and chat about your situation. They will be able to help you get a better understanding of what you can and need to do.

    If you feel you can do all the paperwork and go through the process by yourself go for it. It may get challenging but the group here is very unique and will be more than happy to help.
    Go here to see my timeline, (currently waiting for the P.W)
    http://immigrate2us.net/forum/showth...50#post1300750

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