601 question

[cominghome 0]

To make a long story short, my husband was deported from the US so we know he will need a 601 waiver for our I-130 process.

Our I-130 has been approved and sent to the NVC and we are currently dealing with that process. When we are given the interview appointment in Lima and we take the waiver, will we get our answer right away?

Thanks

[momof1 205]

To make a long story short, my husband was deported from the US so we know he will need a 601 waiver for our I-130 process.

Our I-130 has been approved and sent to the NVC and we are currently dealing with that process. When we are given the interview appointment in Lima and we take the waiver, will we get our answer right away?

Thanks

Was your husband unlawfully present in the United States? Whether or not he is even eligible for the 601 waiver is dependent on entry and exit dates and/or how he entered amongst other things. It would be helpful if you provided a quick timeline with those details. Also, if he was deported(removed at the government's expense), he has to also file i-212 permission to reapply after deporation or removal. This requires a separate $545 fee in addition to the $545 required for the 601.

Immediate adjudication is currently only available for those filing waivers through Mexico. He will likely be able to turn in his waiver the day he is denied his via, but a decision will take anywhere from 6 to 12 months or more. If I'm remembering correctly, the last Lima approval I saw took about 9 months.

[cominghome 0]

Was your husband unlawfully present in the United States? Whether or not he is even eligible for the 601 waiver is dependent on entry and exit dates and/or how he entered amongst other things. It would be helpful if you provided a quick timeline with those details. Also, if he was deported(removed at the government's expense), he has to also file i-212 permission to reapply after deporation or removal. This requires a separate $545 fee in addition to the $545 required for the 601.

Immediate adjudication is currently only available for those filing waivers through Mexico. He will likely be able to turn in his waiver the day he is denied his via, but a decision will take anywhere from 6 to 12 months or more. If I'm remembering correctly, the last Lima approval I saw took about 9 months.

Thank you for the fast reply.

To clarify,

1993- Arrived to US with Student Visa

around 2000- still living in the US. Student Visa expired. Remained in US illegally

8/2008- Detained by ICE

9/2008- Deported back to home country

Hope that helps.

Will we need the i 212? I hadn't heard of that.

So you're saying that when he goes to the visa interview, he'll be denied, but can submit the waiver?

[momof1 205]

Thank you for the fast reply.

To clarify,

1993- Arrived to US with Student Visa

around 2000- still living in the US. Student Visa expired. Remained in US illegally

8/2008- Detained by ICE

9/2008- Deported back to home country

Hope that helps.

Will we need the i 212? I hadn't heard of that.

So you're saying that when he goes to the visa interview, he'll be denied, but can submit the waiver?

That timeline is helpful. It looks like he'll receive the ten year bar for accruing more than 365 days of unlawful presence. The 601 waiver covers the unlawful presence ban. I'm not sure why he was detained by ICE, but there could be other inadmissibilities as well if there were any criminal charges involved. The 212 is permission to reapply after deportation or removal. The two waivers will be filed together.

Basically, he'll go to his immigrant visa interview where his visa will be denied because of his visa overstay and deportation. He should be told that he is eligible for the 601 and 212 waivers. The fees would be paid and he can submitt his application and evidence packet on the spot. If the waivers are ultimately approved(after quite a few months), his visa will be issued and he will be allowed to enter the US legally. His green card and social will arrive in the mail.

Do you have the hardship packet already prepared?

[canadian_wife 1,822]

Yes, the I-212 and the I-601 (with supporting documentation because it is more than just completing the forms) will be submitted when he is denied. No, he will not get an answer right away. It could take up to a year to get the answer.

immigrate2us.net specializes in waivers and inadmissablility. They may have better answers for you when completing these forms and better understanding of the timelines you're looking at

Good luck

[cominghome 0]

That timeline is helpful. It looks like he'll receive the ten year bar for accruing more than 365 days of unlawful presence. The 601 waiver covers the unlawful presence ban. I'm not sure why he was detained by ICE, but there could be other inadmissibilities as well if there were any criminal charges involved. The 212 is permission to reapply after deportation or removal. The two waivers will be filed together.

Basically, he'll go to his immigrant visa interview where his visa will be denied because of his visa overstay and deportation. He should be told that he is eligible for the 601 and 212 waivers. The fees would be paid and he can submitt his application and evidence packet on the spot. If the waivers are ultimately approved(after quite a few months), his visa will be issued and he will be allowed to enter the US legally. His green card and social will arrive in the mail.

Do you have the hardship packet already prepared?

I see. A lawyer had told my friend (who is in a very similar visa situation) that she would get her visa right away or within the month. Too bad it isnt like that.

No, he has no criminal record or anything of the sort and I don't have a hardship packet prepared... do you have any info on how I should get that together?

Thank you!

[Bocajr27 3]

immigrate2us.net has samples of packets for the I-601. Basically he needs to prove that you (the US Citizen) would suffer if you were to relocate to any other country. He needs to be very specific as to what types of hardship you would face living in Peru. Do as much research as possible and get as much evidence together to back up his statements on the hardships you would face.

Good Luck.

[elya 17]

Basically he needs to prove that you (the US Citizen) would suffer if you were to relocate to any other country. He needs to be very specific as to what types of hardship you would face living in Peru. Do as much research as possible and get as much evidence together to back up his statements on the hardships you would face.

... and, the 2nd part is that you also need to prove that you would suffer "unusual" hardship if you were forced to remain living separately. (more than just the usual emotional distress of being apart from your spouse) I'm sure you will find good examples in the locations described in previous posts.

Good luck!

Edited August 12, 2010 by elya

[WyattEarp 0]

The waiver is prepared from the viewpoint of the US citizen, not the intending immigrant. You must prove extreme hardship to you, the US citizen if he is not allowed to enter the US and why it would be an extreme hardship for you to move to Peru. The immigrate2us forum is the best source of waiver information on the internet. You need to document all of your hardships and provide supporting evidence. There is a lot involved in preparing a strong waiver package. Any lawyer who told someone they would get their visa right away shouldn't be practicing law.

You may want to consult with a good immigration lawyer who specializes in waivers. One of the best is Laurel Scott at http://www.scottimmigration.net/ Heather Poole is also a good choice http://www.humanrightsattorney.com/

This is not a simple, guaranteed, procedure.

Edited August 13, 2010 by WyattEarp

[cominghome 0]

great. thanks! i'll look into it.