Results 1 to 7 of 7

Thread: Is a derivative beneficiary eligible for the I601 waiver?

  1. #1
    Junior Member
    Points: 5,220, Level: 30
    Level completed: 74%, Points required for next Level: 80
    Overall activity: 0%
    Achievements:
    New Achievement!1000 Experience PointsVeteran5000 Experience Points
    Fiore's Avatar
    Join Date
    Jan 2013
    Posts
    474
    Points
    5,220
    Level
    30
    Thanks
    158
    Thanked 316 Times in 188 Posts
    Time Online
    4 Days 22 Hrs 27 Mins 19 Secs
    Avg. Time Online
    3 Mins 42 Secs
    My Mood
    Approved
    Country: Mexico

    Is a derivative beneficiary eligible for the I601 waiver?

    Hello,

    My sister in law is an applicant beneficiary in category F3. She is married and her spouse would be the derivative beneficiary but he accrued unlawful presence in the U.S. for more than 5 years.

    Does anybody know if the i601 waiver also applies to derivative beneficiaries?

    I appreciate all the feedback.

    Thank you!

  2. #2
    Salutatorian
    Points: 5,765, Level: 32
    Level completed: 33%, Points required for next Level: 235
    Overall activity: 82.0%
    Achievements:
    New Achievement!1000 Experience PointsVeteranOverdrive5000 Experience Points

    Join Date
    Jan 2013
    Posts
    1,000
    Points
    5,765
    Level
    32
    Thanks
    0
    Thanked 377 Times in 321 Posts
    Time Online
    1 Wk 3 Days 3 Hrs 10 Mins 33 Secs
    Avg. Time Online
    7 Mins 39 Secs
    Yes, a derivative beneficiary needs to apply for a waiver to waive their own bans. Each person's admissibility is determined separately and needs to be separately waived if there is a ban. Is he still in the US or is he abroad, and if abroad, is the ban over or not?
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

  3. #3
    Junior Member
    Points: 5,220, Level: 30
    Level completed: 74%, Points required for next Level: 80
    Overall activity: 0%
    Achievements:
    New Achievement!1000 Experience PointsVeteran5000 Experience Points
    Fiore's Avatar
    Join Date
    Jan 2013
    Posts
    474
    Points
    5,220
    Level
    30
    Thanks
    158
    Thanked 316 Times in 188 Posts
    Time Online
    4 Days 22 Hrs 27 Mins 19 Secs
    Avg. Time Online
    3 Mins 42 Secs
    My Mood
    Approved
    Country: Mexico
    Thanks newacct,

    He is been abroad for 5 years. The only issue here is that he has entered the US 5 times amd was caught once and fingerprinted the last time he entered.

    Even if he is eligible for a waiver, it is hard to know whether immigration will know about those entries.
    He said would always travel back to Mexico by airplane, but he would only use his matricula. The last time he left he was required his passport and it is stamped.

    He did use a fake social during his stay in the US, but I am not sure if he filed his taxes.

    Thank you!

  4. #4
    Salutatorian
    Points: 5,765, Level: 32
    Level completed: 33%, Points required for next Level: 235
    Overall activity: 82.0%
    Achievements:
    New Achievement!1000 Experience PointsVeteranOverdrive5000 Experience Points

    Join Date
    Jan 2013
    Posts
    1,000
    Points
    5,765
    Level
    32
    Thanks
    0
    Thanked 377 Times in 321 Posts
    Time Online
    1 Wk 3 Days 3 Hrs 10 Mins 33 Secs
    Avg. Time Online
    7 Mins 39 Secs
    Quote Originally Posted by Fiore View Post
    Thanks newacct,

    He is been abroad for 5 years. The only issue here is that he has entered the US 5 times amd was caught once and fingerprinted the last time he entered.

    Even if he is eligible for a waiver, it is hard to know whether immigration will know about those entries.
    He said would always travel back to Mexico by airplane, but he would only use his matricula. The last time he left he was required his passport and it is stamped.

    He did use a fake social during his stay in the US, but I am not sure if he filed his taxes.

    Thank you!
    If he entered multiple times, then it's important to figure out whether he has the more serious 9C ban. He has a 9C ban if he entered illegally or tried to enter illegally after either 1) previously being removed, or 2) previously having accrued more than 1 year of "unlawful presence" over all previous stays cumulatively, at any age, after April 1, 1997.

    So if the last time he entered was illegally, then if he has accrued more than 1 year of "unlawful presence" over the previous 4 stays cumulatively (and if he entered illegally those times, his entire stay would be "unlawful presence"), assuming they were all after 1997, he has the 9C ban. The 9C ban is a lifetime ban, and the only way to overcome it for an immigrant is to file I-212 after he has been continuously out of the US for 10 years. I-601 cannot be filed for this ban. There is no way for him to immigrate until he has been out of the US for 10 years. (And by the time he has been out of the US for 10 years, any 9B ban he has would be over; a 9A ban for first-time deportation would also be over.)

    It's not a question of whether "immigration will know"; this information will be asked on the forms when they immigrate and they will need to disclose it honestly, or it's fraud.
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

  5. #5
    Junior Member
    Points: 5,220, Level: 30
    Level completed: 74%, Points required for next Level: 80
    Overall activity: 0%
    Achievements:
    New Achievement!1000 Experience PointsVeteran5000 Experience Points
    Fiore's Avatar
    Join Date
    Jan 2013
    Posts
    474
    Points
    5,220
    Level
    30
    Thanks
    158
    Thanked 316 Times in 188 Posts
    Time Online
    4 Days 22 Hrs 27 Mins 19 Secs
    Avg. Time Online
    3 Mins 42 Secs
    My Mood
    Approved
    Country: Mexico
    Thank you very much for your feedback newacct!

    After considering her options, my sister-in-law would like to know whether she could start sending her husband's paperwork, even when he will obviously be banned because he has not met his 10 year bar in Mexico? He would only be 3 years away from being eligible to file for the I-212 if the immigration officer decides he is eligible for the waiver.

    Now, lets say she includes her husband in the process with her and she gets her visa approved, but he gets denied and is eligible for a waiver. What would happen next?

    I am assuming she will get her permanent residency, but he would still have to wait another 3 years in order for him to file for the I-212 waiver once he is able to. What would happen to his category? Even when his wife becomes a permanent resident, would he still be in Category F3?

    I am sorry for the many questions, but I am not familiar with the I-212 waiver process.
    Do you know how long does it take to be adjudicated?
    What type evidence or documents are needed?
    What are the chances it will get approved?


    I hope I made any sense.

    Thank you!!!!

  6. #6
    Salutatorian
    Points: 5,765, Level: 32
    Level completed: 33%, Points required for next Level: 235
    Overall activity: 82.0%
    Achievements:
    New Achievement!1000 Experience PointsVeteranOverdrive5000 Experience Points

    Join Date
    Jan 2013
    Posts
    1,000
    Points
    5,765
    Level
    32
    Thanks
    0
    Thanked 377 Times in 321 Posts
    Time Online
    1 Wk 3 Days 3 Hrs 10 Mins 33 Secs
    Avg. Time Online
    7 Mins 39 Secs
    Quote Originally Posted by Fiore View Post
    Thank you very much for your feedback newacct!

    After considering her options, my sister-in-law would like to know whether she could start sending her husband's paperwork, even when he will obviously be banned because he has not met his 10 year bar in Mexico? He would only be 3 years away from being eligible to file for the I-212 if the immigration officer decides he is eligible for the waiver.

    Now, lets say she includes her husband in the process with her and she gets her visa approved, but he gets denied and is eligible for a waiver. What would happen next?

    I am assuming she will get her permanent residency, but he would still have to wait another 3 years in order for him to file for the I-212 waiver once he is able to. What would happen to his category? Even when his wife becomes a permanent resident, would he still be in Category F3?

    I am sorry for the many questions, but I am not familiar with the I-212 waiver process.
    Do you know how long does it take to be adjudicated?
    What type evidence or documents are needed?
    What are the chances it will get approved?


    I hope I made any sense.

    Thank you!!!!
    She can immigrate first without him, and he can immigrate later. He would still be her derivative beneficiary, in the same category. There is no time limit. As long as a visa number is still available for her category and priority date (since she immigrated, this must have been true at some point, so unless it retrogressed for a long time, it will remain available), and she remains a permanent resident (i.e. she hasn't abandoned residency, and she hasn't become a citizen), he can still immigrate as her derivative beneficiary if he is otherwise admissible.

    I am not sure about the details of the I-212.
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

  7. #7
    Junior Member
    Points: 5,220, Level: 30
    Level completed: 74%, Points required for next Level: 80
    Overall activity: 0%
    Achievements:
    New Achievement!1000 Experience PointsVeteran5000 Experience Points
    Fiore's Avatar
    Join Date
    Jan 2013
    Posts
    474
    Points
    5,220
    Level
    30
    Thanks
    158
    Thanked 316 Times in 188 Posts
    Time Online
    4 Days 22 Hrs 27 Mins 19 Secs
    Avg. Time Online
    3 Mins 42 Secs
    My Mood
    Approved
    Country: Mexico
    Newacct, you have been of such great help.

    Thank you so much!

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •