PASSPORT RETURNED AFTER APPROVAL WITH I-601 CIMT REQUEST MTL

[DaveyOntario 1]

Hi,

Has anyone experienced this situation? Got confirmation of Visa approval on December 29, 2009. My passport submission was requested. Passport arrived January 4, 2010. Received passport back yesterday with I-601 CIMT request. I had a completed I-601 on hand at my interview Nov. 3. 2009 but it was not requested. White slipped 221g to provide my wife's 2008 income tax return ONLY. Submitted by fax January 5, 2009.

Has anyone experience a situation typical to this, and if so what is the timing for a waiver I-601 approval at Mtl.?

Your assistance is greatly appreciated.

Thanks,

Dave

[emt103c 10]

I am very sorry to have to tell you this. Montreal is one of the absolute slowest waiver consulates in the world. Canadian waivers are sent to the US for processing (Vermont) and take usually just over a year to process. They are also very disorganized and this includes in assesing whether or not a waiver is required or whether someone is eligible for the waiver. Additionally, once the waiver is approved, they are quite slow and disorganized in requesting new materials and issuing the visa.

I wish you luck in the process, and hopefully the processing times will improve for your waiver.

[DaveyOntario 1]

Thanks for the response.

Do you suppose that the waiting time may be reduced because we have had to wait 2 years and 3 months since submission of I-130.

I do believe we are outside of the 5 month posted waiting time on us.gov.

Ridiculous huh. Have you had to go thru this emt?

[emt103c 10]

Nope, the time isn't reduced or helped at all by the I-130 processing time. . .completely separate.

My problem was opposite. . .they thought my husband needed an I-601 and it took a while to convince them they were incorrect. . . .we had to file an I-212, and luckily it went through a "good" district office that only took 6 months. . . .unfortunately, Montreal didn't know what to do with that. . .so after five months to get an interview (after 130 approval) seven months of AP, and a few months to get the correction. . .it took them another few months to recognize the 212 approval. There are a few recent Canadian 601's over on www.immigrate2us.net

[DaveyOntario 1]

Thanks for the info emt.

Interesting to note that I had a five year I-192 waiver that was valid at the time of the I-130 submission. I had asked my lawyer if the I-192 would be required post Visa acceptance to which he responded no. Therefore I did not renew the I-192 because it's expiry date was on February 11, 2010. We had never thought this situation would have been dragged out this long. Now, I have my passport back with no visa and an expired I-192 and not able to visit my wife in the US. This is quite frustrating because to renew the I-192 could be approximately 6 months.

Are you aware of any other means for me to visit the US as a visitor until I have received an approved visa?

[emt103c 10]

No, I'm sorry, the renewal of the I-192 is the only chance unless you have an "emergency" situation. I have heard of another person managing to get humanitarian parole while the waiver processed for an emergency. . . but seeing as the 601 takes a year or more to process, I would say you should go ahead and get another 192 while you wait. It bodes well for your case that you've had 192's in the past and have respected the terms. . . .did you document any of that in your waiver package?

[DaveyOntario 1]

emt, yes, it is very well documented in my I-601 application even to the extent that DHS had forced me to obtain the I-192 even though I did not meet the criteria under CIMT. My lawyer figured this happened because the border guard was not familiar with all of the underlying criteria to impose this waiver on me so he had done it just to make sure all bases were covered in case of a subsequent problem.

Hopefully tomorrow my lawyer may offer good advice also.

Thanks so much for what you have offered thus far.

[emt103c 10]

If you did not actually meet the criteria of a CIMT, then your attorney should have documented that well in the waiver, and should probably also appeal the decision of the CO to a supervisor at Montreal. . .they should not require a waiver if you do not meet the conditions. . .this was how I kept from having to file an I-601 even though the CO thought I needed one. . .

[DaveyOntario 1]

emt,

I agree with you totally. The completed I-601 I took with me to the interview (that was not requested) was detailed out about the lack of evidence and law to to enforce a CIMT. We are meeting Wednesday and filing the I-601 with some changes. The lawyer is taking the position of being the nice guy instead of "throwing mud". It's all quite straightforward and we believe with the submission of the 601 with the "significant hardship" detail about the adverse effects my wife would face will enable us to prevail. It's back to the waiting game again. And of course there would be significant hardship on my behalf.

Thanks for your thoughts and advice

[emt103c 10]

Extreme hardship is a difficult thing to prove, just don't let him take the parts out about not conceding that you are ineligible in the first place . . .as long as he is sure you do not meet the criteria.

Good luck!