Filed Waiver in Montreal

[HMG 0]

Hi,

My wife went to the interview in Montreal on October 12. Since her overstay of more than 1 year, we submitted the waiver papers. They did accept it and have already sent to Vermont. I have few questions.

1. Do the consular officer provide a recommendation on the waiver before they send it to Vermont?

2. Will I get a NOA-1 for the waiver?

3. How long is the approximate time that it will take to process?

I would apprecaite any insight that you can provide.

[Baileyj96 0]

Hi HMG

You might look for post on here from ktmmansgal. She filed in Canada and her waiver was approved at Vermont. I'm not sure she is on here much since she just got approved a few weeks ago. You might try sending her a PM.

Baileyj

[Married_my_love 0]

Theirs took 7 months to approval. I am not sure if each case is different based on what the reason for the waiver is though.

Did your wife have an actual visa? I am just wondering as Canadian don't accrue unlawful presence in the same manner as other countries, so I assume she overstayed an actual visa or date to return... ?

[HMG 0]

She was on a visitor visa when she arrived in US. She was 14 years old at that time. So she stayed back and went to middle/high school. She left on Nov, 2000. So she over-stayed about 14 months. The lawyer that I consulted mentioned that Montreal would provide a recommendation on the case. I tried to get recommendation however they weren't able to since the file was already sent to Vermont.

1. Does consulate provides recommendation on the waiver case?

2. Will I get a NOA for the waiver file?

Thanks,

[Baileyj96 0]

Surprised you were required to file for a waiver. By what this states they don't count overstay until after then turn 18.

B) ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(B)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

Baileyj

[Married_my_love 0]

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

I don't understand (given her age) why you had to file a waiver at all ??

From your post she was what, 16 when she left US? I don't get it.

[HMG 0]

When she left, she was 19 at that time. That is why I had to file the waiver.

1. Did any of you are aware of the recommendation concept?

2. Anything new that I should be aware off.

Thanks,

[kitkat1 5]

When she left, she was 19 at that time. That is why I had to file the waiver.

1. Did any of you are aware of the recommendation concept?

2. Anything new that I should be aware off.

Thanks,

HMG - the recommendation concept does not seem to be a stated, formal recommendation from what I have seen. More like the CO who initially denies the visa due to the overstay checks a box (I'm guessing) that says "recommend approval" before the file is transferred to the DHS office. My impression is that's all it is, but I suppose you could ask an attorney who is experienced with Montreal or try to get an answer via email from the Consulate directly.

[HMG 0]

I recieved a NOA-1 for my 601 from vermont service center. On the notice, it never gave a time estimates such as 6 - 12 months. Hoever, Montreal gave me a paper stating that it will take 3 -12 months.

Any insights would be helpful?

Thank you in advance.

[briluke_nyla 0]

I recieved a NOA-1 for my 601 from vermont service center. On the notice, it never gave a time estimates such as 6 - 12 months. Hoever, Montreal gave me a paper stating that it will take 3 -12 months.

Any insights would be helpful?

Thank you in advance.

Ours was filed on March 30th, 2006 and it was received on April 28th, 2006. We haven't heard anything since we received our NOA-1. So, we are 7 months and counting.

[new orleans bound 0]

With our lawyer screw ups, our waiver was finally received in September and we still haven't heard anything. We've been waiting since March too.

[zyggy 9]

Hi,

My wife went to the interview in Montreal on October 12. Since her overstay of more than 1 year, we submitted the waiver papers. They did accept it and have already sent to Vermont. I have few questions.

1. Do the consular officer provide a recommendation on the waiver before they send it to Vermont?

2. Will I get a NOA-1 for the waiver?

3. How long is the approximate time that it will take to process?

I would apprecaite any insight that you can provide.

1) The consulates have absolutely nothing to do with the waiver process... a seperation of powers per se...they just forward the waiver petition to USCIS..

2) You will not get an NOA1 for the waiver since the fee is processed in Montreal.. VSC is just adjudicating it for them... A NOA1 is generated when a fee is paid to USCIS.. a I-601 circumvents that part of the process...

3) Expect 6 months to a year...

Edited January 2, 2007 by zyggy

[David and Karen 0]

3) Expect 6 months to a year...

Please 6 months isn't anywhere even close to accurate. Look at a year and if you are really lucky it will be processed in and around the 12 month mark.....keep an open mind though....it could just as easy be longer!

[new orleans bound 0]

Well Hello. I thought I'd post this message in this section, I seem to be the lone Canadian with HMG I think, who are going through Vermont with waivers right now.

On a side note,my husband and I continue to have lawyer issuses. I wont get into them cause it makes my blood pressure go through the roof with the mere mention of my incompetent para-legal.

I finanlly talked my husband into calling VSC for me, as I couldn't get through. We hadn't heard from them so I asked hubby to call. Our waiver was mailed out on Oct 6th but Vermont told my husband that they offically do not open any waivers received after the first of the month until the first day of the following month. Now isn't that a real piss off for any of us. The para-legal had screwed up again with our paperwork thus delaying it. It was suppose to be mailed in September.

I just thought it was interesting and a piss off that they wait a full month before taking action on a waiver. We're back to waiting.

Edited January 18, 2007 by new orleans bound

[briluke_nyla 0]

I am Canadian and waiting for my waivers still.