complicated case

[lifeizshort 0]

I am new to the site. Our complicated case started after son married his wife in Dec.'06 2006. She was here illegally. Original "Immigration Specialist" filed her case improperly. We naively thought it was a matter of a fine and file some papers to clear up the situation and she would be legal. Hmmmm

After a Denial to Adjust Status by first lawyer, New Immigration Lawyer said she should return to her homeland to show complete compliance. She was not deported or put into removal proceedings. Just a letter of denial saying she was here illegally and should leave within 30 days. She left in 10 days, Feb. 2008. Son joined her, thinking it would be maybe 6 months or so. New lawyer had to rework the case.

Well, it has been 2 1/2 years, and 2 babies later. The stress and anxiety has just eaten him up. Thinking "anyday now" since January of 2007 has worn him down. In Dec. 2009, they got their approval notice, paid the fees but until now, had to deal with health issues, high risk pregnancy, living in bad neighborhood and language problems, inability to find work, etc. Son was extremely depressed and could not get the help he needed in Colombia, so they made a very painful decision for him to come back to the US to get medical attention and wait for this to conclude. Now, we are told they will probably need a 601 waiver. Does anyone know what is involved time-wise? We just sent in the DS-2100 and are sending in the DS-230 tomorrow and don't even have an appointment yet. Meanwhile, life goes on and they can't get these days back.(I did the best I could to make this complicated story as short as possible, hope there is enough detail that it makes sense.)

[Darnell 8,479]

DS-2100? IIRC, that's for a DCF'd I-130 , not a 'regular' I-130 -

so the I-130 was filed to US Embassy in Columbia, not Chicago, yes?

The 601 waiver must be filed , for 'best result', on same day as the interview, immediately after the interview is concluded.

Not certain on the 'time' - but it will be, or not be, approved, sometime after the interview date...

EWI cases, waivers, things of that nature, are actually best covered over at http://www.immigrate2us.net

We do have a pinned topic here, though, at http://www.visajourney.com/forums/topic/319-guide-i-212-and-i-601-waivers/ - suggest you review that, to get some basic understanding of the process.

Hopefully someone else can chime in, soonish, as well.

*** not a K-3 visa topic, moving to 'Waivers (I-601 and I-212) and Administrative Processes (221g)' forum ***

Edited September 3, 2010 by Darnell

[Julie y Pat 67]

My wife is in Colombia and I am preparing an I601 as well. I601's submitted at the embassy in Bogotá are adjudicated at the USCIS office in Panama, and the last time I checked on immigrate2us, they were taking eight to twelve months to process. Many suggest using a lawyer to prepare the I601, but I wouldn't bother with either of the two you have already used. Was the advice of the second lawyer to leave the US, which starts the clock on either a three or ten year ban, that can only be overcome with the I601 waiver of ineligibility. My wife got the same bad advice , and is on year seven of a ten year ban. So check out immigrate2us and read everything you can find written by Laurel Scott about I601's. I hope this helps a little. Pat