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Do I need to wait for a denial during a consulate interview to file an i-601 hardship waiver?

Seattle, WA |

My husband was removed from the country in the fall of 2011. We got married six months ago and just submitted our i-130. We were told that after the approval of the i-130, he would have an interview at the consulate and would be automatically denied. Is it accurate that we have to wait for that denial or can we start the i-601 process now?

Attorney Answers 4

  1. Since your husband is outside the US, he must submit the I-601 after a finding of inadmissibility has been made by the Consul due to previous unlawful presence. Note that if your husband was removed only one time, he will also have to file an I-212, Application for Admission after Deportation or Removal. If he had more than one prior removal he may not be eligible.

  2. You do need the finding of inadmissibility before you can file the I-601. However you can prepare the paperwork needed for the I-601 waiver. My best advice is to consult an experienced immigration attorney.

    Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

  3. I agree with my colleagues.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

  4. At his interview, they will give him a blue notice stating the reasons why he is inadmissible. You need to include that blue notice with the waiver application. Note that, because he was removed he will also need an I-212 as well as the I-601 for unlawful presence. You might want to consult with an attorney regarding his history to determine if there are other grounds of inadmissibility you'll need to respond to.

    This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

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