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IS THE FORM I-601 REQUIRED TO BE FILED AT THE SAME TIME THE I-485 IS BEING FILED?

Linden, NJ |

MY FATHER-IN-LAW WENT TO THE U.S.CONSULATE IN BOGOTA, COLOMBIA TO OBTAIN A TOURIST VISA. HIS PETITION WAS DENIED. THEN, HE BECAME FRIEND WITH SOMEONE WHO WAS WORKING AT THE SAME CONSULATE, AND SHE OFFERED HIM A HELPING HAND. SHE TOLD HIM THAT SHE WOULD HELP HIM TO OBTAIN THE VISA, AND THAT IT WASN'T NECCESARY FOR HIM TO GO THROUGH THE SAME PROCESS OF BEING INTERVIEWED A SECOND TIME, AND HELPED HIM TO OBTAIN THE VISA. HE ENTERED THE U.S. WITHOUT ANY PROBLEM. BUT, WHEN MY HUSBAND SUBMITTED THE ADJUSTMENT OF STATUS PACKAGE FOR HIM, HIS I-485 WAS DENIED, THE EXPLANATION WAS (FRAUD TO INMIGRATION DEPARTMENT) NOW A LAWYER WANTS TO HELP HIM BY RESUBMITTING THE I-485 AND THE I-601 FORMS. MY QUESTION IS: IS THIS A PACKAGE OF THE 2 FORMS BEING SUBMITED TOGETHER, OR IS THE I-485 SUBMITTED ALONE?

Attorney Answers 4


  1. It depends. But sounds like you guys are already represented so your questions should be directed to your lawyer.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  2. Ms. Vaisman is correct ... listen to your lawyer.

    PS Yes, both forms can be submitted at the same time. But, the I-601 is a very difficult application that, in mind, absolutely requires an attorney.

    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. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. It is a little unfair to ask attorneys here to second guess a colleague with the information that you have provided. You haven't specified the fraud of which your father-in-law was accused. Your attorney should be able to explain his reasoning to you. If he cannot, then you may want to get a second opinion.

    If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.


  4. You say that an attorney wants to help. Attorneys may want to help, but they get paid to help. If you have hired a lawyer to complete the paperwork, you need to address your questions to that person. If someone (a notario, friend, representative or someone else who is not really a lawyer) has offered to help you, they are not going to help you. They are going to make your situation worse and you need to go find a lawyer.

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