After I-601??

[bobdabuilder 0]

I got my I-601 approved for CIMTs from 35 years ago. No need for hardship, so my solicitor says I will be approved in min.3 weeks time. after I get my notice for approval, what happens? Do I have to attend another interview at all? I know my medical and fingerprints will still be valid. Will i jsut get contacted by the embassy to pick up the visa and passport?

Thanks

Bob

[emt103c 10]

Did it already get approved or you're certain it will get approved? If approved they will request return your passport . . .if they need anything else they will ask you. Usually you do not have to attend another interview.

[bobdabuilder 0]

Did it already get approved or you're certain it will get approved? If approved they will request return your passport . . .if they need anything else they will ask you. Usually you do not have to attend another interview.

Sorry, I was not at all clear.

I suspect that I will have to file for a I-601 at the interview, and was wondering in event of being approved what were the procedures.

Thanks for your reply

[emt103c 10]

Okay, your advisor is mistaken. . .waivers are not approved in 3 weeks, it takes a few months (exact number depends on what country you're applying through) to adjudicate a waiver, and yes, you do need to prove extreme hardship to your USC spouse or parent. You need to be talking to a qualified immigration attorney. It is very important.

[bobdabuilder 0]

Okay, your advisor is mistaken. . .waivers are not approved in 3 weeks, it takes a few months (exact number depends on what country you're applying through) to adjudicate a waiver, and yes, you do need to prove extreme hardship to your USC spouse or parent. You need to be talking to a qualified immigration attorney. It is very important.

I just saw your message. Please make sure what you suggest to others is accurate.

Please see the DHS I-601 Adjudication requirments documents memo:

3. Waivers for Criminal Activity – INA 212(h)

A waiver for the criminal-related inadmissibility grounds is authorized under INA 212(h) of the

INA. As outlined below, there are two ways to establish eligibility for a waiver of the criminalrelated

inadmissibility grounds.

Waivers of INA

212(a)(2)--

Without a

Qualifying

Relationship and Evidence of Hardship

(“Rehabilitation

waiver”)

First, an applicant may be eligible for a waiver if he or she meets each of the

following three requirements:

? The alien is only inadmissible under subparagraph (D)(i) (engaging in

prostitution) or (D)(ii)(procuring prostitution) or the activities for which

the applicant is inadmissible occurred more than 15 years before the date

of the application for a visa; and

? The applicant’s admission to the U.S would not be contrary to the

national welfare, safety, or security of the U.S.; and

? The applicant has been rehabilitated.

A waiver without hardship may take as little as 3 weeks, as there only has to be proof that the 3 previous requirements have been met.

Incidentlally this is for the US Embassy in the United Kingdom at London

[emt103c 10]

rofl, yeah, good luck with that. I will make double sure not to suggest anything else to you again. I am sooooooooo sorry, lol.

Edited June 20, 2010 by emt103c

[emt103c 10]

*deleted* taking the high road. . .

Edited June 20, 2010 by emt103c

[treehugger 23]

I don't have any personal experience of waivers, bobdabuilder, but if you read this thread you might get a better idea what the situation is:

http://www.visajourney.com/forums/topic/232495-the-2010-london-waiver-list/

It would seem that no matter how straightforward your case, it does take a lot longer than three weeks.

[Traci - Andrew 14]

I don't have any personal experience of waivers, bobdabuilder, but if you read this thread you might get a better idea what the situation is:

http://www.visajourney.com/forums/topic/232495-the-2010-london-waiver-list/

It would seem that no matter how straightforward your case, it does take a lot longer than three weeks.

I must agree with treeHugger here, as I have been studying the waiver timescales since October 2009 to date and I have found vast discrepancies in the time a waiver takes to complete, from 1 week to 40 weeks.

Of course it depends on what the waiver is for, most simple administrative waivers go through the system quickly because some only require newer versions of documents or updated proof, and it is these admin type cases that are resolved within 1 - 10 weeks, the rest are then dependent on the amount of Waivers currently waiting, how many Waivers get prioritized and jump the queue as well as other factors like gathering information from various authorities, CIA, FBI and Interpol.

What I have found is that when my case was put forward for Adjudication I was told the average time to completion currently was 12 - 15 weeks, well my case has just passed the 31 week stage now, yes over double the amount of time quoted... What I found out just recently by my wife whom is the US Citizen who contacted her Senator to get an inquiry done, is that the London US Embassy and the USCIS dept in particular have a backlog of cases and they are only working with 2 Adjudicators, therefore the official average time now being quoted is 10 Months or roughly 40 weeks.

So I would say that you can not go by any USCIS or DOS literature or their estimates, a case will be done when it is done and they will not tell you or advise you of any delays at all.

If you want proof of these figures, just check out my spreadsheet that I regularly update whenever the USCIS update it on-line, it shows some interesting data that will leave you with a headache if you try to figure out any type of pattern or link between cases.

Here is the spreadsheet link > I-601 Waiver Timescale Spreadsheet

Regards

Andrew

[Traci - Andrew 14]

Okay, your advisor is mistaken. . .waivers are not approved in 3 weeks, it takes a few months (exact number depends on what country you're applying through) to adjudicate a waiver, and yes, you do need to prove extreme hardship to your USC spouse or parent. You need to be talking to a qualified immigration attorney. It is very important.

emt103c do not give up giving out advice as what you said was sound, from my studies and from everyone I know on Visa Journey it is very rare for Waivers to go through this system in 3 weeks, in fact I would even say less than 3 months is a result. most of these cases that are done in less time are simple admin cases that require little or no checks or extra processing, they are simple admin errors that then require the applicant to raise an I-601 and provide the extra info to the Adjudicator.

I have spoken to an ex USCIS adjudicator from the London Embassy just recently, and he stated that priority cases go to the top of the pile and depending on the time of the year they will look through the pile for some easy ones to complete to get their figures up and to clear some down before a holiday like Thanksgiving, Christmas or Year end.

So do not worry about this particular person whom is new to the process and quotes from the USCIS bible, because as we are more experienced people, we know they have to stick to rules but can bend them a hell of a way to make sure they get things done their way and they will not rush for anyone.. It will be done when they decide.

Regards

Andrew

[bobdabuilder 0]

emt103c do not give up giving out advice as what you said was sound, from my studies and from everyone I know on Visa Journey it is very rare for Waivers to go through this system in 3 weeks, in fact I would even say less than 3 months is a result. most of these cases that are done in less time are simple admin cases that require little or no checks or extra processing, they are simple admin errors that then require the applicant to raise an I-601 and provide the extra info to the Adjudicator.

I have spoken to an ex USCIS adjudicator from the London Embassy just recently, and he stated that priority cases go to the top of the pile and depending on the time of the year they will look through the pile for some easy ones to complete to get their figures up and to clear some down before a holiday like Thanksgiving, Christmas or Year end.

So do not worry about this particular person whom is new to the process and quotes from the USCIS bible, because as we are more experienced people, we know they have to stick to rules but can bend them a hell of a way to make sure they get things done their way and they will not rush for anyone.. It will be done when they decide.

Regards

Andrew

Hi there Andrew,

I must say that I have been following your thread on waitlists for a very long time now. I was most disappointed to see you post here in this manner. Anyway, I use the same "USCIS ex-adjudicator" that you have mentioned. He is my solicitor (if you must know). I personally know an individual who was granted their waiver 3 weeks ago (and it took them just a few days to recieve it!).

I have a letter from a CPB field director at Newark, who has seen me pass through many a time, and has taken the time and interest to write a small statement about me on CBP letterhead outlining my case (he has known me/interviewed me probably 40 times within the past 6 years).

I will keep you posted. Please continue the marvelous work on the spreadsheets, but keep open minded that 2 cases are never alike, and that the easier the case, the more likely it is that it will be processed quickly.

I hope I haven't offended you!

Bob

PS: I have a US government contractor job (in databases of all things!) and fully disclosed my circumstances, and have been employed on this project for over 7 years. They know of my past and the details and have given me the required clearances. I am on a contract for USAID. (I am probably giving too many personal identifiable details here!)

Edited June 20, 2010 by bobdabuilder

[Traci - Andrew 14]

Hi there Andrew,

I must say that I have been following your thread on waitlists for a very long time now. I was most disappointed to see you post here in this manner. Anyway, I use the same "USCIS ex-adjudicator" that you have mentioned. He is my solicitor (if you must know). I personally know an individual who was granted their waiver 3 weeks ago (and it took them just a few days to recieve it!).

I have a letter from a CPB field director at Newark, who has seen me pass through many a time, and has taken the time and interest to write a small statement about me on CBP letterhead outlining my case (he has known me/interviewed me probably 40 times within the past 6 years).

I will keep you posted. Please continue the marvelous work on the spreadsheets, but keep open minded that 2 cases are never alike, and that the easier the case, the more likely it is that it will be processed quickly.

I hope I haven't offended you!

Bob

PS: I have a US government contractor job (in databases of all things!) and fully disclosed my circumstances, and have been employed on this project for over 7 years. They know of my past and the details and have given me the required clearances. I am on a contract for USAID. (I am probably giving too many personal identifiable details here!)

Hi Bob

You have not offended me at all, this is what this forum is all about, debate and asking questions and seeking answers.

Obviously your right when you say that some cases go through very quickly, as it shows this on my spreadsheet, I was only trying to say that it is hard to come to a conclusion on how long a case should take because they are all over the place, I personally am very upset with how long our case has taken, but what can you do but wait until the USCIS get around to completing it.

I am sorry if my post came over as objectionable, it was not what I intended, I just wanted you to realize as a new person posting and asking some basic questions, that some people with a fair bit of time waiting on this list may know more than yourself, as I know we were in the dark for quite a while, it has taken a lot of time and effort to get up to speed with the process and I still need more info? We get so many new people on here that know nothing and you try and help them and guide them so they do not make the same mistakes that we made, but I do not think any of us here could tell from your posts that you were as experienced as you are or as well connected

Anyway I am glad you have the Lawyer you do, he was very helpful when I asked him to answer some questions from an insider perspective, so he should be the perfect person to compile your I-601 waiver.

Anyway good luck with your application and I hope it all turns out well for you, keep us posted and if you go on the list send me a personal message and I will highlight your case and put your initials on it so you can easily identify your case.

Regards

Andrew

[treehugger 23]

I'm pleased to hear that your case is so straightforward, and I truly hope that you get the approval very quickly. However, if you and your solicitor are so confident, and he is the ex-USCIS adjudicator at the embassy, why are you asking what happens next?? He of all people should know and be able to advise you...I'm a bit confused!!

[bobdabuilder 0]

I'm pleased to hear that your case is so straightforward, and I truly hope that you get the approval very quickly. However, if you and your solicitor are so confident, and he is the ex-USCIS adjudicator at the embassy, why are you asking what happens next?? He of all people should know and be able to advise you...I'm a bit confused!!

Hi there tree hugger. At the time I posted my question, I had not yet hired an attorney to help me in the process and to explain what I should be expecting. Particularly, I was not sure, if I would have to schedule another interview after being approved the I-601. I did discover Steven ( ex. USCIS adjudicator attorney) from this board, and was able to get help from him quite quickly. I mailed him all the documentation I had and needed, and he did tell me that it could take as little as a few days and as much as 5 or 6 months. He did suggest, that as everything seemed straigtforward and self-evident, I could expect it to take a shorter time than some other cases. Yes, 3 weeks maybe a bit (a lot??) optimistic, but that is what he stated may be somewhat reasonable. I might have come across as being offensive and arrogant, and I truly apologize. Some of us have lurked on this board for quite some time, and have learned quite a bit about the process thanks to many of the more 'active' contributors. Please keep it up!

Robert

Hi Bob

You have not offended me at all, this is what this forum is all about, debate and asking questions and seeking answers.

Obviously your right when you say that some cases go through very quickly, as it shows this on my spreadsheet, I was only trying to say that it is hard to come to a conclusion on how long a case should take because they are all over the place, I personally am very upset with how long our case has taken, but what can you do but wait until the USCIS get around to completing it.

I am sorry if my post came over as objectionable, it was not what I intended, I just wanted you to realize as a new person posting and asking some basic questions, that some people with a fair bit of time waiting on this list may know more than yourself, as I know we were in the dark for quite a while, it has taken a lot of time and effort to get up to speed with the process and I still need more info? We get so many new people on here that know nothing and you try and help them and guide them so they do not make the same mistakes that we made, but I do not think any of us here could tell from your posts that you were as experienced as you are or as well connected

Anyway I am glad you have the Lawyer you do, he was very helpful when I asked him to answer some questions from an insider perspective, so he should be the perfect person to compile your I-601 waiver.

Anyway good luck with your application and I hope it all turns out well for you, keep us posted and if you go on the list send me a personal message and I will highlight your case and put your initials on it so you can easily identify your case.

Regards

Andrew

Thanks Andrew!

I know you will get a positive decision for your I-601 very soon!

Edited June 21, 2010 by bobdabuilder

[momof1 205]

Someone was just denied this week in London on a 25 year old larceny charge(not enough hardship)....I wouldn't be so sure of the slam dunk with current London adjudicator's(elliot cooke) stance on very old CIMT. I'm curious what you ticked on the landing card for your 40 trips through Newark POE??? Did you mention the CIMT?

It's seeming very common these days in London for those with very old CIMT to later get slapped with misrep at the consulate for checking "no" to CIMT on the landing card.

Just something for you to be aware of because even if you only have to prove rehab for the old CIMT, you will have to prove hardship for the misrep if it becomes an issue.