WHAT IF DENIED AN I 601 WAVIER

Asked over 1 year ago - Detroit, MI

he been denial an i601 wavier in Mexico and if he come back to the united states can he apply for the new wavier in march .

Attorney answers (7)

  1. Michael Hugh Carlin

    Contributor Level 18

    10

    Lawyers agree

    Answered . If the person is in Mexico now, and if the waiver was denied, then it appears that he does not have permission to enter the United States at this time.

    If he enters the United States illegally, then he will NOT be eligible to file the new provisional waiver than begins on March 4, 2013. In fact, depending on his prior immigration history, if he enters illegally at this time, he could face many more serious problems, including possible criminal charges, and ineligibility for future immigration benefits for a long time.

    I strongly suggest that you consult with an immigration attorney about this case.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  2. Heather Louise Garvock

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . The provisional waiver program does nothing to change the laws that apply to illegal entrants. If he re-enters without permission, he will be subject to the permanent bar, which means he won't even be eligible for a waiver for 10 years.

    Further, it should be noted that there are rumors swirling about that there is an amnesty. These rumors are FALSE. You should not believe any claims that the provisional waiver program will solve all your problems if he can just get here; it won't.

    Finally, it appears you have posted several questions along this same line in the last 24 hours. Your husband's problem is beyond the minimal level of assistance that this site can offer. Please, call an attorney. Make an appointment for a consultation. Do not spend anymore time or money trying to do this on your own.

    Good luck to you.

    Heather L. Garvock Attorney Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900... more
  3. Alena Shautsova

    Pro

    Contributor Level 20

    3

    Lawyers agree

    5

    Answered . He can't come back until the waiver is granted. If comes back, he will be subject to a PERMANENT BAR looks like it. Hire a good attorney to work on the waiver.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  4. Wendy Rebecca Barlow

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with my colleagues I would just add that depending upon when his waiver was denied he may be eligible to file an appeal with the Administrative Appesls Office. He could also re-file the request with better documentation of the hardship. I would encourage you to speak with an experienced immigration attorney and have the denial reviewed.

  5. J Charles Ferrari

    Contributor Level 20

    4

    Lawyers agree

    Answered . No

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  6. Russell Reid Abrutyn

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . If he has already accumulated more than one year of unlawful presence and then enters the U.S. illegally, he will trigger a permanent bar. He cannot even apply for a waiver of the permanent bar until he remains abroad for ten more years. Depending on the circumstances, you can appeal the denial of the waiver or file a new one. If you did not have an attorney or did not have a good one, you should find an attorney experienced with waiver applications to help you strengthen your application.

    The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts... more
  7. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . If denied he should hire an attorney to reapply. Do not come back illegally or he will be banned forever.

    For more info on I-601 waivers see www.swagatusa.com/educational-materials


    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com/attorney

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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