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File I-601 or not?

San Diego, CA |

My US citizen Son and I are about to file both the I-485 & I-130 forms together. I am have now overstayed the allotted 6 month period allowed for Canadians. I have been advised to file the I-601 along with the rest of the forms. Others tell me not to.. I'm confused! If overstay is forgiven for immediate relatives (or is it?), then why would I need to file that form?

Attorney Answers 4

  1. Best answer

    An I-601 does not cure an overstay. Whether it is required for some other basis of inadmissibility cannot be determined from your posting. A person who is an "immediate relative" for immigration purposes does not have an overstay issue.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  2. Unless you left the US after accumulating the unlawful presence, you do not need a waiver.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Subscribe to our Free Immigration Newsletter
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  3. It is time for you to meet with an attorney for a private consultation.

    NOTE: If you are low income go here: or

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

  4. You are not required to file the I-601 form unless you committed misrepresentation or if you departed the US after being present for 6 months or more. If you entered the US legally as a Canadian on your passport and have remained in the US beyond the time allotted to you when you entered and have not departed the US, you do not need to file the I-601 form. Now if you misrepresented to the CBP officers when you came to the US that you were only coming to visit when you really intended to come to be immigrated by your US citizen son, then the I-601 form would be needed. In my opinion that is your bigger problem. You also need to prove what date you entered the US and prove you have been here since that time. I would strongly advise you meet with an attorney to discuss your case further before file anything.

    Good Luck

    The answer provided is based only on information provided does not guarantee any outcome or establish attorney-client relationship and is intended solely for informational purposes only.

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