Will I be deported? I was given a I-601 Waiver?

Question

I overstayed my visa for quiet a long time. Believe it or not I didn't want to come over here but was forced by my family who got a work permit. I was only 15 and was happy in my home country. Anyway, I overstayed, worked and went to college without proper documents (became illegal, worked illegally). I just got married and my husband and I had our interview yesterday. He didn't even ask personal questions, he believed our marriage right away but once they saw I worked and went to school after my permit expired he wasn't as nice as when we first saw us (naturally). He judged me like a criminal and he has the right. He gave us the I-601 and when I asked how long I had to grab my stuff before being deported he said "You're not being deported, I don't want to ruin your lives." When we finished he said "Merry Christmas, fill up the form, be convincing and this is my Christmas present for you guys." My hubby's gonna write the letter and give it back to him. What should he say in it? Thanks

Answer 1

Since you did enter on a visa originally, even though you overstayed for a long time afterwards, you were eligible under US law to adjust status in the US. Had you come in illegally to begin with you would have had to go back to your country first, and applied for the waiver there. You were ineligible for the adjustment for 10 years under US law for your illegal presence for in the US for over a year after you turned 18. Actually, he couldn't have deported you at this point anyway once the various forms were filled out for your adjustment and he had to tell you about the waiver, but at least he seems to have been somewhat nice about it. You would have to go before an immigration court anyway and be heard by a judge before you could be ordered deported. So the fellow you saw doesn't have the authority to actually deport you, although under other circumstances, he could have put you in proceedings that might lead to deportation

As for what your husband should say, it's hard to advise you not knowing anything about you, your husband or where you are from originally. Assuming you are from a country that doesn't speak English and that your husband doesn't speak your native language, he could certainly talk about how difficult it would be to leave the US and try to live and work there. His livelihood is here, wouldn't be able to support himself in your country, that sort of thing. More tends to be better than less with these things, so don't go with a few short sentences. If you're feeling stuck, you could always get an attorney to help you write it up.

Answer 2

As you know, you're supposed to tell the truth, not make up a story that sounds good. Remember, you are not the first illegal alien in the history of the U.S. States. Immigration officers read I-601 everyday. They can tell the difference between someone just blowing smoke up their culitos and someone telling the truth.

Your application for this waiver must establish that a qualifying relative will suffer “extreme hardship” if the you are not admitted. The qualifying relative is your citizen or lawful resident spouse or parent.

It is important to prove both why your husband cannot move abroad AND why he cannot simply live in the US without you. It is not enough to say that he will miss your company as this is considered “normal” hardship, not extreme hardship.

Answer 3

I-601 is called Application for Waiver of Ground of Inadmissibility. If you were told that your overstay is waived from the possible reason of Inadmissibility, you are all set. Just fill out the form and included the required the documents.
In a letter, you included what the immigration officer told you.
And enjoy your life!

Answer 4

WOW! You should thank your lucky stars, and the guy who interviewed you. Google I601 and you can find samples of letters that have been granted approval. He is going to have to state why it is going to be a hardship to the American citizens involved for you not to live in the States. Sounds like you have it in the bag lady! Good luck.

Answer 5

If you are not going to be deported, I would just thank my lucky stars....