Legal Question in Immigration Law in California

Do I need to file Form I-601/ waiver
I have been a u.s.Citizen since 6/96 & petitioned my wife for adj.of status on 1/98. On 7/8/00 we had her interview in LA but was denied to adj. her status be-cause she was Advanced Paroled on 4/16/98 returning 5/28/98 due to her fathers illness.According to the officer, INS should not have granted Ad.Parole at that time and her leaving the U.S. has now triggered a "waiver" situation.I don't understand why INS will grant you permission to leave but count it against you at the Final stage...or did the officer not make the proper judgement call about the "waiver"?

Asked on 8/10/00, 4:11 am

Daniel Huang Park & Huang

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Re: Do I need to file Form I-601/ waiver

The officer is referring to the 1996 law which will bar those who have left the country after staying illegally in the US for 180 days or more.

You should immediately appeal the INS officer's decision. If you are in Los Angeles, you will probably get another interview with a supervisor.

You can also file suit in Federal Court if you feel that your case has been unjustly adjudicated and delayed.

Answered on 9/06/00, 8:03 pm

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