GuyinSH
1st April 2008, 03:50 PM
Hi All,
I did a research on the net. And it seems that those overstayed aliens which entered with inspection but are subject to 3 or 10-year ban can apply for "waiver for gound for inadmissability" using I-601.
This is true for those "non-immediate" relative of petitioned USC or LPR which has overstayed since they were kids.
The only difficult part is to prove to US CIS on the "hardhip" caused to USC or LPR should the "non-immediate" relative be removed from USA based on I-601.
This is important when petition was filed for an overstayed non-immediate relative (which is subject to 3 or 10 years ban) by USC or LPR for over 21yo children.
I would like to bring your attention to the para in the instruction which states:
"Except as provided in Title 8, Code of Federal Regulations (CFR), part 204.313(g)(1)(ii) for convention adoption cases,if you seek a waiver of grounds of inadmissibility in connection with your application for an immigrant visa or adjustment of status and the waiver is granted, the waiver is valid indefinitely even if you do not obtain your immigrant visa, immigrant admission, or adjustment of status, ..."
Once you were granted the approval, it is valid indefinitely!!!!u can lift the 3 or 10-year ban and from there you can adjust your status.
The I-601 can only be applied when you have attended the I-485 interview and the US CIS officer denied your I-485 based on the reasons which are stated in I-601. From there, the officer will advise you to obtain waiver for the 3/10 years ban using I-601.Once your I-601 is approved, you can adjust your status.----> this is obtained from other immigration website.
I hope my understanding is correct.
I did a research on the net. And it seems that those overstayed aliens which entered with inspection but are subject to 3 or 10-year ban can apply for "waiver for gound for inadmissability" using I-601.
This is true for those "non-immediate" relative of petitioned USC or LPR which has overstayed since they were kids.
The only difficult part is to prove to US CIS on the "hardhip" caused to USC or LPR should the "non-immediate" relative be removed from USA based on I-601.
This is important when petition was filed for an overstayed non-immediate relative (which is subject to 3 or 10 years ban) by USC or LPR for over 21yo children.
I would like to bring your attention to the para in the instruction which states:
"Except as provided in Title 8, Code of Federal Regulations (CFR), part 204.313(g)(1)(ii) for convention adoption cases,if you seek a waiver of grounds of inadmissibility in connection with your application for an immigrant visa or adjustment of status and the waiver is granted, the waiver is valid indefinitely even if you do not obtain your immigrant visa, immigrant admission, or adjustment of status, ..."
Once you were granted the approval, it is valid indefinitely!!!!u can lift the 3 or 10-year ban and from there you can adjust your status.
The I-601 can only be applied when you have attended the I-485 interview and the US CIS officer denied your I-485 based on the reasons which are stated in I-601. From there, the officer will advise you to obtain waiver for the 3/10 years ban using I-601.Once your I-601 is approved, you can adjust your status.----> this is obtained from other immigration website.
I hope my understanding is correct.