Waiting for I-601 Waivers in London US Embassy

[Mintchip 0]

PLEASE take this advice. We didn't have a good lawyer. I ended up forking over a big retaining and my trust, and then had to fill out the forms and write the HSL myself. No brief or anything was provided by our attorney, and we were denied. I have been in living Hell with no hope ever since. Please, whatever you do, get a good lawyerDon't risk your future by hiring someone who doesn't know what they're doing. AAO appeals take 27 months, and most of us are barely hanging on at the end of the 6-month wait for I-601 adjudications.

I will second and third and forth what Julie said! Make SURE you have a good lawyer!

[Alpha-Wave 2]

I will second and third and forth what Julie said! Make SURE you have a good lawyer!

A good lawyer will save you a lot of time and effort. Trust me the money is well spent here since you will be reunited for a lifetime.

[Mintchip 0]

FINALLY GOOD NEWS!!! :dance: Our I-601 Waver Application APPROVAL arrived in today's mail! What a roller coaster this has been.

[Andrew-Traci 5]

FINALLY GOOD NEWS!!! :dance: Our I-601 Waver Application APPROVAL arrived in today's mail! What a roller coaster this has been.

CONGRATULATIONS!!!!!! :dance: Fantastic News!!!! Very happy for you - it's been a long wait - wishing you much happiness. Keep us updated!!!! :D

[RichiJenny 14]

FINALLY GOOD NEWS!!! :dance: Our I-601 Waver Application APPROVAL arrived in today's mail! What a roller coaster this has been.

Congratulations!!!!

[Mintchip 0]

Thanks so much, Andrew-Traci and RichiJenny! We are SO relieved and I will always be thankful for this valuable resource.

[filing601 0]

Hi All,

I am in panic mode because I just got my husband's interview date from the London embassy, and it's 2 months sooner than I expected, and I only have 4 weeks to prepare a 601 waiver. I mean, I'm happy that it was so quick, but I wasn't expecting this. I have the following questions:

1. I already know that he is currently inadmissible to the US, so should I prepare the waiver prior to the interview date, and have the waiver completely ready when he goes into his interview?

2. I know that some embassies do not accept the 601 waiver at the interview, but does anyone know if the US Embassy in London does accept the 601 waiver form and supporting documents at the interview?

3. Why are the processing times so variable? Like, one recent poster in this thread had their waiver approved within 2 months, even though their embassy stated that they were "currently adjudicating petitions from 5 months ago." Maybe there is no rhyme or reason?

Thanks!~from an immigration newbie, Alicia

[Mintchip 0]

Hi All,

I am in panic mode because I just got my husband's interview date from the London embassy, and it's 2 months sooner than I expected, and I only have 4 weeks to prepare a 601 waiver. I mean, I'm happy that it was so quick, but I wasn't expecting this. I have the following questions:

1. I already know that he is currently inadmissible to the US, so should I prepare the waiver prior to the interview date, and have the waiver completely ready when he goes into his interview?

2. I know that some embassies do not accept the 601 waiver at the interview, but does anyone know if the US Embassy in London does accept the 601 waiver form and supporting documents at the interview?

3. Why are the processing times so variable? Like, one recent poster in this thread had their waiver approved within 2 months, even though their embassy stated that they were "currently adjudicating petitions from 5 months ago." Maybe there is no rhyme or reason?

Thanks!~from an immigration newbie, Alicia

Hi Alicia,

The embassy in London does accept waivers at the time of the interview. However, a month is really cutting it close because you need to include an awful lot of supporting evidence. Not saying it is impossible, but if you aren't extremely well prepared, you risk being denied and then an appeal can take up to 26 months to be decided. My strong advice to you is to hire a lawyer to help you. We used Stephen Heller in Brighton and he has been wonderful. As for processing times, it's a mystery to me. My husband's waiver was finally approved on October 4th, and we are still waiting for a letter from the embassy with instructions on what to do next. So we cannot plan, or buy an airline ticket yet. It's the worst test of patience I have ever experienced in my life. Good luck with your waiver. It is possible to do it yourself as many have done so and been successful. We didn't want to take that chance however.

Keep us posted here on VJ.

Ellen

[Traci - Andrew 14]

Hi All,

I am in panic mode because I just got my husband's interview date from the London embassy, and it's 2 months sooner than I expected, and I only have 4 weeks to prepare a 601 waiver. I mean, I'm happy that it was so quick, but I wasn't expecting this. I have the following questions:

1. I already know that he is currently inadmissible to the US, so should I prepare the waiver prior to the interview date, and have the waiver completely ready when he goes into his interview?

2. I know that some embassies do not accept the 601 waiver at the interview, but does anyone know if the US Embassy in London does accept the 601 waiver form and supporting documents at the interview?

3. Why are the processing times so variable? Like, one recent poster in this thread had their waiver approved within 2 months, even though their embassy stated that they were "currently adjudicating petitions from 5 months ago." Maybe there is no rhyme or reason?

Thanks!~from an immigration newbie, Alicia

Hi Alicia

I concur with MintChips answer..

We have been through this whole long winded procedure and I have been in the USA for 1 year tomorrow.

Using a lawyer is always a good idea and Stephen Heller is good, he used to be a USCIS adjudicator at the London US Embassy, so if anyone knows what goes on behind those steel reinforced doors it would be him. We managed to get through with a waiver and like you I wanted to be prepared for the inevitable outcome by having a waiver prepared, however the waiver was rushed by our lawyer and covered the grounds on which we knew to be inadmissable (Criminal background in my youth) however when it come to the interview I found out I was inadmissable not only for the past youthful crimes (Moral Turpitude) but also as I had entered the USA several times without declaring it on a waiver form, I was found to be in breach of another law and was found to be guilty of Immigration Fraud? even though I had no idea that I was doing the wrong thing in the first place.. anyway this stopped me from handing over my waiver as it only covered the criminal charges and not the Immigration Fraud charge which needed a stronger & more complex "Extreme Hardship Waiver" to overcome this.

So at my interview once I received the reason for denial notice, I realised that my waiver would not cover the extra Mis-Rep (Immigration Fraud) so I was advised by the Interviewer to get the waiver completed properly to cover the issues for denial and to make sure I send it to them ASAP, my lawyer started from scratch and made a new waiver to cover the issues and we had to write personal letters to add to the waiver to plead why we the US citizen would suffer extreme hardship if we were not approved.

The waiver was delivered to them by courior 1 week later and it was processed on USCIS time (No rhyme or reason timescale), we were contacted and told that we were approved and about 1 month later we were sent the package that you must not open along with a welcome letter, we waited a couple more months before before I entered the US because we had been married for 1 year 10 months at the time of the receipt of the package, if I had of entered the US before our 2nd anniversary I would have been issued a 2 year green card and it would have been with restrictions, however by waiting an extra 2 months unil the 2nd anniversary it allowed me to obtain a 10 year unconditional green card without the hassle of dealing with USCIS again within the US at the end of the 2 years... After waiting 3 years in total an extra 2 months was nothing..

So my advice is employ the lawyer and check if the issue why you will be denied is because of CIMT's (Crimes involving moral turpitude) if so, be prepared to be found guilty of a mis rep charge if you have been to the US without marking it on the Wiaver document apon arrival, If this does happen your lawyer will be able to assist you in preparing the Extreme Hardship Waiver.

I hope this helps.

Andrew

[filing601 0]

Thanks for the response, Andrew!! So-- you submitted one single I601 form that had two boxes checked- the crime one and the immigration fraud one? And you were able to waive both things successfully due to the extreme hardship letter? Were your CIMTs over 15 years old?

I have a few questions for you, when you have a moment. And maybe this is out of your scope, but just wanted an opinion.

My husband’s criminal record has three items on it. Two are CIMTs that he was convicted for in Belfast over 12 years ago (purchasing stolen goods in the amount of 300 pounds, and tendering counterfeit money in the amount of 40 pounds...yep, only 40 pounds). The third crime does not fall under the definition of a CIMT- it is a criminal damage offense where he accidentally did some damage to the road/sidewalk with his truck (i.e., unintentional, so not a CIMT).

He also entered the US by plane several times (never overstayed), and checked the box NO, that he had never committed a crime of moral turpitude. So- we're dealing with 3 crimes (2 of which are CIMTs), and immigration fraud due to answering the moral turpitude question NO.

We have a detailed letter that an attorney wrote for us that provides compelling evidence and case law support that he did not intentionally commit immigration fraud by checking the box NO- because he does not know what the term “moral turpitude” is, and because in Belfast his offenses are considered “spent” as per the Rehabilitation Act of 1974, and because the crimes he committed did not result in incarceration and instead had very light consequences (e.g., $200 fine). So because he “did not willfully misrepresent a material fact or perpetrate fraud,” we feel that he is not guilty of immigration fraud. I mean, I know a lot of smart #### people, and none know what a turpitude is!

So my question is (and I know this is just your opinion, but just wanted to get another perspective)-- when I prepare the waiver packet, should I only address the two CIMTs? Or should I address the 2 CIMTs and the fraud? Or should I address everything- the 2 CIMTs, the one non-CIMT offense, and the immigration fraud? If I should address the immigration fraud also, I assume I would check two applicable boxes on the 601 waiver form- the CIMT box and the immigration fraud box. I guess I'm just not sure that I should check the immigration fraud box and address this in the waiver, since we have a thorough and compelling letter that states that he did not willfully misrep a material fact, and I feel like the waiver should only address intentional things.

Thanks again!~Alicia

[alicia8181 0]

I would like to know if it is possible for my husband to get a visa to go back to the USA. He moved to the US with his family in 1992. He was deported in 2002, and was ban for 10 years. The 10 year ban is over. He has 7 criminal charges and his green card was expired at the time. Charges are controlled substance offense possess, felon in possession of weapon-firearm, 2 UUMV, 2 thefts. They were all over 10 years ago. He never got any paper work from when he was deported, all he did was sign a paper saying they were sending him back to Romania and he couldn't come back for 10 years. Could we get I-601 approved? We are currently living in London, but soon my son and I will have to go back to US to take care of family members.