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-   -   Official I-601A Thread (http://dreamact.info/forum/showthread.php?t=78973)

Sky is the limit 02-19-2018 07:45 AM

Re: Official I-601A Thread
 
Quote:

Originally Posted by Lost Generation (Post 692470)
Again, we submitted his old i94 and PIP together with the rest of the paperwork, then we got interviewed.



I think I read about "parole in place" before isn't that a benefit only for family members being petition by U.S. citizen that is active duty military personnel. I see from your signature you are a military person is that why your dad was eligible for parole in place (PIP) to AOS without leaving for interview abroad?

Lost Generation 02-19-2018 11:11 AM

Re: Official I-601A Thread
 
Quote:

Originally Posted by Sky is the limit (Post 692759)
I think I read about "parole in place" before isn't that a benefit only for family members being petition by U.S. citizen that is active duty military personnel. I see from your signature you are a military person is that why your dad was eligible for parole in place (PIP) to AOS without leaving for interview abroad?

No, I think it was because of his valid i94. He had fraud entry back in the 90s, but even then he was issued an i94 with his real identity after he was released from detention. We initially thought the i94 was no good because of the manner of his entry, so we prepared PIP for his application. Yes, PIP was through my military service and I am a US citizen. Like I said before, the immigration officer stated his i94 was good enough as inspection so he was able to adjust without leaving the country.

Lost Generation 02-19-2018 11:14 AM

Re: Official I-601A Thread
 
Similar situation for my mum, but she came with clean entry so there was no need for 601 waiver at all.

Lost Generation 02-19-2018 11:33 AM

Re: Official I-601A Thread
 
I really think the officer we had was really good with my parent's application because he was surprised that my mum's interview date was weeks later after my dads and when I told him about that he looked into the computer and told me he will take care of it. A few weeks later my mum's application was approved with no interview, then a few days later the green card came in the mail. MAVNIs out there, please wear your dress blues to the interview for your spouse or parents green card interview. You are authorized to do so and it will only benefit your family's case. It really up to the officer's discretion to provide any additional assistance with things like that, but most of them are really good with the military background, hell, a lot of them were in the military.

Alby 03-25-2018 01:55 AM

Re: Official I-601A Thread
 
1 Attachment(s)
Self filed. Wrote the hardship letter myself. Before going to Juarez though, I will talk to some lawyers. I got my OBIM results and it shows the two times the border patrol arrested me. Wouldn’t want a surprise and be stuck down there.

nydreamer 03-25-2018 04:46 PM

Re: Official I-601A Thread
 
Quote:

Originally Posted by Alby (Post 699298)
Self filed. Wrote the hardship letter myself. Before going to Juarez though, I will talk to some lawyers. I got my OBIM results and it shows the two times the border patrol arrested me. Wouldn’t want a surprise and be stuck down there.

Wow, amazing, congrats! Do you mind sharing your letter with me via DM?

trac3rt 03-26-2018 09:26 AM

Re: Official I-601A Thread
 
That's awesome, congrats! how long did it take to get approved?

Demise 03-26-2018 03:24 PM

Re: Official I-601A Thread
 
Quote:

Originally Posted by Lost Generation (Post 692775)
No, I think it was because of his valid i94. He had fraud entry back in the 90s, but even then he was issued an i94 with his real identity after he was released from detention. We initially thought the i94 was no good because of the manner of his entry, so we prepared PIP for his application. Yes, PIP was through my military service and I am a US citizen. Like I said before, the immigration officer stated his i94 was good enough as inspection so he was able to adjust without leaving the country.

Hmm... strange that USCIS didn't want an I-601 for fraud to adjust him. Would all depend on what exactly happened there, since he was paroled in I would assume that he came clean while entering and therefore didn't commit immigration fraud, which lead to his detention and parole in, likely as a "Deferred inspection".


What's interesting is how everything loops back to the "entry doctrine", where if you were inspected, even fraudulently, and you didn't claim to be a USC you have been admitted or paroled. Prior to I-601A, coming clean with the fraud and filing I-601 was a preferable option (since I-601 for fraud can be filed in US, and I-601 for unlawful presence only abroad).


PIP only cures an EWI and nothing else. If you're inadmissible for any other reason you'd still need a waiver to adjust.

Alby 03-26-2018 05:26 PM

Re: Official I-601A Thread
 
Quote:

Originally Posted by Demise (Post 699511)
Hmm... strange that USCIS didn't want an I-601 for fraud to adjust him. Would all depend on what exactly happened there, since he was paroled in I would assume that he came clean while entering and therefore didn't commit immigration fraud, which lead to his detention and parole in, likely as a "Deferred inspection".


What's interesting is how everything loops back to the "entry doctrine", where if you were inspected, even fraudulently, and you didn't claim to be a USC you have been admitted or paroled. Prior to I-601A, coming clean with the fraud and filing I-601 was a preferable option (since I-601 for fraud can be filed in US, and I-601 for unlawful presence only abroad).


PIP only cures an EWI and nothing else. If you're inadmissible for any other reason you'd still need a waiver to adjust.

How do you know I-601 for fraud can be filed here?

My OBIM results show I was arrested by the border patrol and it shows OFC, which is “Oral false claim other than USC citizen”. My concern is that even if I go to Juarez with an approved 601a; the consular officer might deem me inadmissible for fraud even though I was 15 at the time.

martin88 03-28-2018 03:32 PM

Re: Official I-601A Thread
 
I recently had my interview in ciudad Juarez and I was approved. The whole process took about 2 years

trac3rt 03-28-2018 04:00 PM

Re: Official I-601A Thread
 
Quote:

Originally Posted by martin88 (Post 699731)
I recently had my interview in ciudad Juarez and I was approved. The whole process took about 2 years

Congrats!

That's kinda what I thought. I am only 5.5 months in the process, so hopefully I'll have the interview sometime next year.

MIdreamer 03-29-2018 09:21 AM

Re: Official I-601A Thread
 
Quote:

Originally Posted by martin88 (Post 699731)
I recently had my interview in ciudad Juarez and I was approved. The whole process took about 2 years

Congratulation! I submitted my I-130 on Nov 2017, how long did it take for your I-130 approval?

Demise 03-29-2018 12:34 PM

Re: Official I-601A Thread
 
Still waiting on NVC to issue me the fee bill. At least USCIS forwarded the case to them, I was on the verge of just saying fuck it and filing I-824.

Hopefully I can get this filed by May. All things considered at least I'll most likely skip the conditional green card and just jump straight to IR1. Fucking I-751s can be intrusive, especially if you don't want kids.

trac3rt 04-11-2018 10:47 AM

Re: Official I-601A Thread
 
Quote:

Originally Posted by MIdreamer (Post 699803)
Congratulation! I submitted my I-130 on Nov 2017, how long did it take for your I-130 approval?

I heard lately it is taking around 8 months to get a response. I am still waiting on my I-130 application from Oct, 2017.

Quote:

Originally Posted by Demise (Post 699835)
Still waiting on NVC to issue me the fee bill. At least USCIS forwarded the case to them, I was on the verge of just saying fuck it and filing I-824.

Hopefully I can get this filed by May. All things considered at least I'll most likely skip the conditional green card and just jump straight to IR1. Fucking I-751s can be intrusive, especially if you don't want kids.

I was debating on that myself... slow down the process and try to avoid the I-751. However, my understanding is that the sooner you get the GC, the sooner you can apply for citizenship.

3 years after getting the GC, if still married to USC
or
5 years after getting GC, if no longer married to USC

Demise 04-11-2018 04:49 PM

Re: Official I-601A Thread
 
Quote:

Originally Posted by trac3rt (Post 701300)
I heard lately it is taking around 8 months to get a response. I am still waiting on my I-130 application from Oct, 2017.



I was debating on that myself... slow down the process and try to avoid the I-751. However, my understanding is that the sooner you get the GC, the sooner you can apply for citizenship.

3 years after getting the GC, if still married to USC
or
5 years after getting GC, if no longer married to USC

Yeah basically the requirements are:
1. PR for 3 years
2. Married to the same USC for 3 years.
3. Spouse has been a USC for at least 3 years.

That is true that the sooner you get it, the sooner you can naturalize since your PR period counts from the date of adjustment or date of entry on immigrant visa.

Personally if the difference is one month or roughly that much and I still have DACA then skipping the I-751 is worth it, especially that couples do divorce despite everyone saying "Oh, that'd never happen to me", and then you need to seek another waiver that you didn't try to bamboozle your way in.

trac3rt 04-12-2018 09:35 AM

Re: Official I-601A Thread
 
Quote:

Originally Posted by Demise (Post 701348)
Yeah basically the requirements are:
1. PR for 3 years
2. Married to the same USC for 3 years.
3. Spouse has been a USC for at least 3 years.

That is true that the sooner you get it, the sooner you can naturalize since your PR period counts from the date of adjustment or date of entry on immigrant visa.

Personally if the difference is one month or roughly that much and I still have DACA then skipping the I-751 is worth it, especially that couples do divorce despite everyone saying "Oh, that'd never happen to me", and then you need to seek another waiver that you didn't try to bamboozle your way in.

I think that is a very good point. As long as I still have DACA by then, I may wait a little longer and try to avoid the I-751. That form does certainly sound like a "YUGE!" pain in the butt.

martin88 04-12-2018 12:57 PM

Re: Official I-601A Thread
 
Quote:

Originally Posted by MIdreamer (Post 699803)
Congratulation! I submitted my I-130 on Nov 2017, how long did it take for your I-130 approval?

The whole process took like two years

chessmaster05 04-12-2018 01:00 PM

Re: Official I-601A Thread
 
Quote:

Originally Posted by martin88 (Post 701406)
The whole process took like two years

Can you please share what kind of questions didnthey asked you at your consulate interview?

ECW 05-07-2018 09:03 PM

Re: Official I-601A Thread
 
So martin88 is the only one who has made it through the whole I-601A process?

trac3rt 05-08-2018 01:17 PM

Re: Official I-601A Thread
 
Quote:

Originally Posted by ECW (Post 704332)
So martin88 is the only one who has made it through the whole I-601A process?

Yes, that I know of. I'll send mine in a couple months. I'm still waiting on a Case Number from the NVC.

@Demise, have you gotten a case number from the NVC, yet? If so, how long it take?

Marshall 05-15-2018 11:39 PM

Re: Official I-601A Thread
 
Hey guys..... so I finally got through the entire process and I'm back as an LPR! I'm still numb to be honest but I'm sure it'll start to click as I begin to do "normal" things. For those in the process stick with it and give yourself a chance. It is worth it!

MIdreamer 05-16-2018 09:04 AM

Re: Official I-601A Thread
 
Quote:

Originally Posted by Marshall (Post 705256)
Hey guys..... so I finally got through the entire process and I'm back as an LPR! I'm still numb to be honest but I'm sure it'll start to click as I begin to do "normal" things. For those in the process stick with it and give yourself a chance. It is worth it!

OMG!OMG! I know all this will be worth it at the end. So happy for you. For people who are on the fence, don't sit around and wait for Congress to do anything.

ECW 05-16-2018 09:11 AM

Re: Official I-601A Thread
 
Quote:

Originally Posted by Marshall (Post 705256)
Hey guys..... so I finally got through the entire process and I'm back as an LPR! I'm still numb to be honest but I'm sure it'll start to click as I begin to do "normal" things. For those in the process stick with it and give yourself a chance. It is worth it!

Congrats! How long were you out of the country for the interview?

trac3rt 05-16-2018 09:27 AM

Re: Official I-601A Thread
 
Quote:

Originally Posted by Marshall (Post 705256)
Hey guys..... so I finally got through the entire process and I'm back as an LPR! I'm still numb to be honest but I'm sure it'll start to click as I begin to do "normal" things. For those in the process stick with it and give yourself a chance. It is worth it!

OMG!! that is sweet!! Congratulations!

Marshall 05-16-2018 12:16 PM

Re: Official I-601A Thread
 
Thanks guys/gals..... I'm pretty pumped right now as you can imagine. Every country is going to be different but for my country a medical and a police report (lol....for a country I haven't been since I was a boy. I was worried the report would say there is no record of my existence) were required. Medical took two weeks and they said "upon approval" my package would be ready in 10 days so I was away for about a month.

ECW 05-16-2018 01:14 PM

Re: Official I-601A Thread
 
Quote:

Originally Posted by Marshall (Post 705278)
Thanks guys/gals..... I'm pretty pumped right now as you can imagine. Every country is going to be different but for my country a medical and a police report (lol....for a country I haven't been since I was a boy. I was worried the report would say there is no record of my existence) were required. Medical took two weeks and they said "upon approval" my package would be ready in 10 days so I was away for about a month.

So you had to do the medical there?

Marshall 05-16-2018 07:30 PM

Re: Official I-601A Thread
 
Quote:

Originally Posted by ECW (Post 705291)
So you had to do the medical there?

Yes..... that was the requirement and they were specific about the hospitals that were approved to perform the medical.

nydreamer 05-20-2018 12:50 PM

Re: Official I-601A Thread
 
HELP!

Hey guys, so I am still in the early stages of my process. My I-130 was received on 10/30/2017 and about 2 weeks ago my wife and I received a letter requesting more documents. She was born in Puerto Rico and they werent satisfied with the birth certificate copy we submitted. Below is what they said:

"You submitted a copy of the Abstract Certification of Birth of WIFE'S NAME. However, an Abstract Certification of Birth is insufficient evidence to establish proof that the claimed relationship exists and it's also insufficient to establish U.S. citizenship for immigration purposes. The required documentation is a registered civil authority issued birth certificate that contains the name of the child, date and place of birth, full name of parent(s), doctor/attendant's name, hospital name, registrar's signature and the date the certificate was filed with the registrar's office.

If the birth certificate is not available, submit the oldest evidence to establish that WIFE'S MOM and WIFE'S DAD are the parents of WIFE'S NAME. Submit as much evidence as possible. Evidence may include, but is not limited to"

---

I am just confused as to why she would need to proof a relationship to her mom and dad. She was born here. Can someone help? Anyone has seen this before?

Alby 05-21-2018 12:36 AM

Re: Official I-601A Thread
 
Quote:

Originally Posted by Marshall (Post 705347)
Yes..... that was the requirement and they were specific about the hospitals that were approved to perform the medical.

How long was your interview?

What questions did they ask you?

Were you ever caught by border patrol before?

Marshall 05-21-2018 07:16 AM

Re: Official I-601A Thread
 
How long was your interview?
While I was in the consulate for several hours my actual interview was only about 5 minutes(felt like 5 days)

What questions did they ask you?
How long I had been in the US, how long I had been married, copy of the waiver approval, family pictures.

Were you ever caught by border patrol before?
No..... i was an overstay and never had any contact with border patrol.

Demise 05-21-2018 09:41 AM

Re: Official I-601A Thread
 
Quote:

Originally Posted by nydreamer (Post 705652)
HELP!

Hey guys, so I am still in the early stages of my process. My I-130 was received on 10/30/2017 and about 2 weeks ago my wife and I received a letter requesting more documents. She was born in Puerto Rico and they werent satisfied with the birth certificate copy we submitted. Below is what they said:

"You submitted a copy of the Abstract Certification of Birth of WIFE'S NAME. However, an Abstract Certification of Birth is insufficient evidence to establish proof that the claimed relationship exists and it's also insufficient to establish U.S. citizenship for immigration purposes. The required documentation is a registered civil authority issued birth certificate that contains the name of the child, date and place of birth, full name of parent(s), doctor/attendant's name, hospital name, registrar's signature and the date the certificate was filed with the registrar's office.

If the birth certificate is not available, submit the oldest evidence to establish that WIFE'S MOM and WIFE'S DAD are the parents of WIFE'S NAME. Submit as much evidence as possible. Evidence may include, but is not limited to"

---

I am just confused as to why she would need to proof a relationship to her mom and dad. She was born here. Can someone help? Anyone has seen this before?

IIRC there were some fraud issues with PR Birth Certificates issued prior to 2011 or so. She'd need to get a more recent one. If the birth certificate is recent then write them a stern letter addressing INA 302 which basically states that anyone born in PR is a US Citizen:
https://www.uscis.gov/ilink/docView/...-0-0-9711.html

Does she have a US Passport? If so submit a copy of all pages of it. (Cover, ID pages, all the blank visa pages, and the last few stating restrictions and translations). My wife is a natural born USC and since she doesn't have her birth certificate we just submitted her passport.

trac3rt 05-21-2018 09:48 AM

Re: Official I-601A Thread
 
Quote:

Originally Posted by nydreamer (Post 705652)
HELP!

Hey guys, so I am still in the early stages of my process. My I-130 was received on 10/30/2017 and about 2 weeks ago my wife and I received a letter requesting more documents. She was born in Puerto Rico and they werent satisfied with the birth certificate copy we submitted. Below is what they said:

"You submitted a copy of the Abstract Certification of Birth of WIFE'S NAME. However, an Abstract Certification of Birth is insufficient evidence to establish proof that the claimed relationship exists and it's also insufficient to establish U.S. citizenship for immigration purposes. The required documentation is a registered civil authority issued birth certificate that contains the name of the child, date and place of birth, full name of parent(s), doctor/attendant's name, hospital name, registrar's signature and the date the certificate was filed with the registrar's office.

If the birth certificate is not available, submit the oldest evidence to establish that WIFE'S MOM and WIFE'S DAD are the parents of WIFE'S NAME. Submit as much evidence as possible. Evidence may include, but is not limited to"

---

I am just confused as to why she would need to proof a relationship to her mom and dad. She was born here. Can someone help? Anyone has seen this before?

They didn't like your wife's birth certificate. They are looking for a copy of your wife's birth certificate. A copy taken from the original birth certificate, which contains her parent's name and place of birth. I think you can also get a copy of that from the hospital where she was born. Her parents might have a better idea. You can also try submitting a copy of her US passport.

trac3rt 05-21-2018 09:53 AM

Re: Official I-601A Thread
 
Quote:

Originally Posted by Marshall (Post 705687)
How long was your interview?
While I was in the consulate for several hours my actual interview was only about 5 minutes(felt like 5 days)

What questions did they ask you?
How long I had been in the US, how long I had been married, copy of the waiver approval, family pictures.

Were you ever caught by border patrol before?
No..... i was an overstay and never had any contact with border patrol.

That last question concerns me. I was detained and fingerprinted once by CBP.

My lawyer says I should be okay since I was a minor when it happened. Also, so far, I have not found anything in the INA that says I will be found inadmissible because of it.

Still, makes me uneasy.

Alby 05-21-2018 05:48 PM

Re: Official I-601A Thread
 
Quote:

Originally Posted by trac3rt (Post 705695)
That last question concerns me. I was detained and fingerprinted once by CBP.

My lawyer says I should be okay since I was a minor when it happened. Also, so far, I have not found anything in the INA that says I will be found inadmissible because of it.

Still, makes me uneasy.

You should read this article. The traps of an approved 601a waiver. You really need to find out how you were disposed at the border. I would fire that attorney of yours.

https://www.immigration-america.com/...waiver-process

trac3rt 05-22-2018 09:32 AM

Re: Official I-601A Thread
 
Quote:

Originally Posted by Alby (Post 705775)
You should read this article. The traps of an approved 601a waiver. You really need to find out how you were disposed at the border. I would fire that attorney of yours.

https://www.immigration-america.com/...waiver-process

It all seems to point out that I went through Voluntary Removal.

If I understood INA § 235(b)(1) correctly, expedited removal occurs when a person attempts to illegally enter the US at a port-of-entry.

According to the article, my lawyer is correct. I should be okay. No need to fire him.

nydreamer 05-22-2018 10:59 AM

Re: Official I-601A Thread
 
Quote:

Originally Posted by Demise (Post 705691)
IIRC there were some fraud issues with PR Birth Certificates issued prior to 2011 or so. She'd need to get a more recent one. If the birth certificate is recent then write them a stern letter addressing INA 302 which basically states that anyone born in PR is a US Citizen:
https://www.uscis.gov/ilink/docView/...-0-0-9711.html

Does she have a US Passport? If so submit a copy of all pages of it. (Cover, ID pages, all the blank visa pages, and the last few stating restrictions and translations). My wife is a natural born USC and since she doesn't have her birth certificate we just submitted her passport.

Quote:

Originally Posted by trac3rt (Post 705694)
They didn't like your wife's birth certificate. They are looking for a copy of your wife's birth certificate. A copy taken from the original birth certificate, which contains her parent's name and place of birth. I think you can also get a copy of that from the hospital where she was born. Her parents might have a better idea. You can also try submitting a copy of her US passport.

I'm gonna go ahead and submit copies of all pages of her passport. Is there a way to request a full birth certificate and not an abstract version, somewhere online? We live in the states and going to PR is not possible within the next two months (we have until July to respond).

trac3rt 05-22-2018 12:08 PM

Re: Official I-601A Thread
 
Quote:

Originally Posted by nydreamer (Post 705877)
I'm gonna go ahead and submit copies of all pages of her passport. Is there a way to request a full birth certificate and not an abstract version, somewhere online? We live in the states and going to PR is not possible within the next two months (we have until July to respond).

I believe you can do one or the other. Both would be great but a copy of her unexpired passport should suffice.

See Instructions for Form I-130 (PDF) under the General Requirements section:
https://www.uscis.gov/i-130

nydreamer 05-22-2018 12:33 PM

Re: Official I-601A Thread
 
Quote:

Originally Posted by trac3rt (Post 705881)
I believe you can do one or the other. Both would be great but a copy of her unexpired passport should suffice.

See Instructions for Form I-130 (PDF) under the General Requirements section:
https://www.uscis.gov/i-130

The thing is that we did send a copy of her passport, but only the first page.

BestBefore1984 05-22-2018 12:45 PM

Re: Official I-601A Thread
 
How many of you currently going through the process are EWI?

immarcj 05-22-2018 01:24 PM

Re: Official I-601A Thread
 
We filed the i-130 mid December of last year and I’m still waiting for approval, I’m EWI and my wife who petitioned for me is a US citizen.


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