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DAP Forums > DREAM Act > The Lounge

Official I-601A Thread - Page 20

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#191
07-09-2018, 03:52 PM
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Quote:
Originally Posted by NotADreamerPerSe View Post
Old as dirt post, but in my experience this is not true. I'm a visa overstay, never entered the country illegally and I am starting the i-601a process this week. This is for people who have unlawful presence or would trigger the 3/10 year bar.
I don't know your full story, but it sounds like you may be over-complicating your application.

If this is a marriage-based petition, I am fairly certain you may be able to simply AOS within the country. All you need is a copy of your I-94 when you came in to the US. This is why many of us here wished we could apply for Advance Parole.

Dude, check with a lawyer!
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#192
07-09-2018, 04:12 PM
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Quote:
Originally Posted by NotADreamerPerSe View Post
Old as dirt post, but in my experience this is not true. I'm a visa overstay, never entered the country illegally and I am starting the i-601a process this week. This is for people who have unlawful presence or would trigger the 3/10 year bar.
You might want to double check on your application with a different lawyer, doesn't sound right to me.
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#193
07-09-2018, 04:45 PM
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Quote:
Originally Posted by MIdreamer View Post
You might want to double check on your application with a different lawyer, doesn't sound right to me.
He might be filing a I-212 and then a 601A if he has an unexecuted removal order.
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#194
07-09-2018, 05:28 PM
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Quote:
Originally Posted by trac3rt View Post
I don't know your full story, but it sounds like you may be over-complicating your application.

If this is a marriage-based petition, I am fairly certain you may be able to simply AOS within the country. All you need is a copy of your I-94 when you came in to the US. This is why many of us here wished we could apply for Advance Parole.

Dude, check with a lawyer!
I guess I should have expanded on my situation. This is family based. My mom is petitioning for me. Wish it was through marriage, but my boyfriend is a DACA recipient .

I know most of the people on here are doing their AOS through marriage, but for the few who are thinking about doing it through a family member, they should know they'll probably gonna need this waiver.
Last edited by NotADreamerPerSe; 07-09-2018 at 05:32 PM..
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#195
08-06-2018, 11:55 AM
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Just got my case number from NVC today, I guess things are moving along.
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#196
08-06-2018, 02:27 PM
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So happy that our I130 got approved! Waiting for the approval letter in the mail and the waiting begins at NVC. ��
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#197
08-06-2018, 03:46 PM
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Spoke with our lawyer recently. I mentioned once again that I was caught once by CPB trying unlawfully cross to border.

Now that we're ready to submit the waiver request, she is concerned on what exactly happened, as I may have already triggered the permanent bar. Holy shit, I am so screwed!

We submitted a CBP FOIA request and gotta wait to see if they can find my file explaining the exact details of the removal.

At his point my only hope may be Advance Parole.
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#198
08-06-2018, 04:20 PM
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Quote:
Originally Posted by trac3rt View Post
Spoke with our lawyer recently. I mentioned once again that I was caught once by CPB trying unlawfully cross to border.

Now that we're ready to submit the waiver request, she is concerned on what exactly happened, as I may have already triggered the permanent bar. Holy shit, I am so screwed!

We submitted a CBP FOIA request and gotta wait to see if they can find my file explaining the exact details of the removal.

At his point my only hope may be Advance Parole.
You only trigger permanent bar if you reenter the U.S. after getting caught once. Did you get caught twice or once? There is absolutely no way to waive the permanent bar?
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#199
08-06-2018, 04:26 PM
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Advance parole can cure permanent bar?
Quote:
Originally Posted by trac3rt View Post
Spoke with our lawyer recently. I mentioned once again that I was caught once by CPB trying unlawfully cross to border.

Now that we're ready to submit the waiver request, she is concerned on what exactly happened, as I may have already triggered the permanent bar. Holy shit, I am so screwed!

We submitted a CBP FOIA request and gotta wait to see if they can find my file explaining the exact details of the removal.

At his point my only hope may be Advance Parole.
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#200
08-06-2018, 04:38 PM
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Quote:
Originally Posted by MIdreamer View Post
You only trigger permanent bar if you reenter the U.S. after getting caught once. Did you get caught twice or once? There is absolutely no way to waive the permanent bar?
Yeah, only got caught once.

The only way to overcome the permanent ban (if that's what it turns out to be in my case) is by leaving the country, waiting outside for 10 years, then applying for a 201 waiver.

Apprehensions at the border are very common, sometimes they are expedited removals and some other times are voluntary returns. I am hoping that because I was a minor and my first offense, that it was a voluntary return and I can just continue with the 601a process.
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