RFE from Vermont Service Center for my I-212 and I-601

[Nas1 0]

Hello Everyone,

I am new to this forum but certainly a veteran when it comes to the I-212 and I-601 process. I was wondering if someone could comment on my situation. I also wanted to see if someone is in the same boat as I.

Based on an approved I-130 petition I had my immigrant visa interview in August of 2006 at the US Consulate in Montreal, Canada. Due to an overstay the visa was denied but I was allowed to file for a 1-601 and I-212. My timeline is as follows:

1) I-130 filed June 2005 (VSC)

2) I-130 approved: Dec 2005 (VSC)

3) Immigrant visa interview: Aug 2006 (US Consulate Montreal)

4) I-601 and I-212 waiver filed on the same day.

5) Case transfered to VSC. Reciept date: Sep 11, 2006.

6) Both cases caught in security clearance/background checks. Repeated inquires, Letters to Senator, Congressman but nothing unitl...

7) May 2008: Expedited processing request over the phone.

8) June 2008: Expedited request approved.

9) Oct 28, 2008: Last processing date updated but nothing else changed.

10) Oct 30, 2008: RFE from VSC on I-212 and I-601

11) Nov 25, 2008: Lawyer sent RFE package via FedEx.

12) Now waiting, praying, and extremely nervous. The only evidence we have is the FedEx reciept. No update can be seen online.

VSC requested the following in their RFE: Extreme hardship letter with evidence (even though this was submitted the first time around), explaination on why I over stayed my visa, spouse's tax returns, W-2s for the last two year, family pictures, phone bills, e-mails, letter to each other, evidence of birth of any children, letter from my wife's ex-husband saying he will not allow her two minor children to be removed from the US (my wife has two kids from a previous marraige and there is a court order preventing her from relocating outsite the US), affidavit of good moral character for me, and any other information/documenatary evidence in support of the applications.

I really worked hard on the package and provided a lot of documentar evidence. Below is a summary of the basis of the hardship waiver:

1. Inability to relocate out of the US due to her ex-husband and US court order

2. Wife taking care of her sick mother. No othe family member close by.

3. Wife works as an RN. Canadian Nursing Board will not provide license reciprocity and infact she will need to go back to school, take additional courses before sitting the exam. Also she will need to go through the Canadian Immigration process since only permenant residents or Canadian Citizens are allowed to sit the exam.

4. Wife has a hefty morgage and bills. Morgage company denied refinancing in Nov 2008 because husband is not a US resident and therefore his income cannot be considered. Back in 2006 she was able to qualify due to less stringent criteria. If waiver not approved she can lose the house.

5. We have a 13 month old baby who need both his parents.

We provided a lot of background and documentary evidence in support of all the points mentioned above. We also mentioned that I came to the US with my parents as a minor. They applied for asylum in 1993 but their case was denied. However, since I was dependent on them I could not leave when we were ordered deported in 1997. In 2000 I left on my own and have been out of the States for more then 8 years. (Please note that after turning 18 I lived in the US for 4 years before self deporting to Canada).

In the RFE letter USCIS mentioned that it will take a minimum of 14 days to process my application from the time the evidence is received and if I have not heard back with 60 days I should call them.

Based on the what is mentioned here what are my chances and how long will it be before I hear back from USCIS? Are my applications going to be pending for a while once more or should I be expect a reponse soon?

Anyways, please pray for us. There is a lot at stake. My wife and our kids have been really suffering for a long time. I look forward to your comments/advise.

God Bless.

[sultan 0]

Hi Nas1,

I read your post and it was like reading my own story!! I am in the exact same boat as you!

Did you hear back yet? Did the I-601 get approved?

Your post helped affirm the steps I have also taken and the case I am currently building for the I-601.

[emt103c 10]

sultan--

His 601 was eventually denied, even though he did everything right. He may be on later and could give you more information.

[Nas1 0]

sultan--

His 601 was eventually denied, even though he did everything right. He may be on later and could give you more information.

Hi Emt103c! Nice to see you here. I hope all is well with you. I actually got in touch with Heather Poole who is looking at my case and we are suppose to consult next week. I have also decided to consult with Laurel.

Sultan, if you need any assistance please feel free to PM me. I hope your waivers gets approved. By the way, Emt103c is a very kind soul. She has been very supportive and helpful.

Edited March 6, 2009 by Nas1