Is it going to be necessary to file the I-601 waiver?

Asked over 1 year ago - Cincinnati, OH

I married on July 5th 2013, I went to mexico to marry him so that he would not have to come back here illegally, he has never been in trouble and has not been in the us for over 10 yrs he went willingly never being deported..we were only friends... now i am his wife need him here my brother is going to co sponsor but when we interview will it be denied because of his entry in 2000.. someone please help me i love him and have 2 children here and cant relocate there will this be an issue? i want to do this as inexpensively as possible someone please tell me so i know ahead of time

Attorney answers (4)

  1. Carl Michael Shusterman

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    Answered . Nothing in your question indicates that he would need a waiver.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

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    Answered . I would agree with Mr. Shusterman on that. I see nothing in your question to suggest the need for a waiver. If you believe we possess clairvoyance abilities here on AVVO, we do not.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Giacomo Jacques Behar

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    Answered . Yes, indeed an inadmissibility waiver based on "extreme hardship" to you will be necessary to be filed. It is not as simple as "filling a form" and asking for the "perdon" (if only life were that simple..) If you really want the waiver to be an approvable one, you better hire a competent, experienced and licensed US immigration attorney to help you put together that waiver.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  4. Allison Herre

    Contributor Level 4

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    Answered . People who enter the US without papers and remain for over 6 months trigger a bar to re-entering the US with a visa once they leave the US. If your husband was in the US without papers for 6 months to one year, he would have a three year bar. If he was in the US for more than one year, then he would have a 10 year bar. So, in essence, the date he LEFT the US is the important date to determine whether or not he will need a waiver.

    You should speak with an immigration attorney to further understand the situation and determine your options.

    DISCLAIMER: This answer is intended as public information about a legal topic. Answers posted here do not create... more

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