I-601 Touched?

[DaveyOntario 1]

Thanks. I "feel you" buddy. Not having ever encountered a situation like this before I did feel totally "out of control" and as much as I could took action that would effect a resolution. You mentioned you looked at my time line and it is sad, but I want to be forthcoming in pointing out the "delay" in our processing times is not a USCIS hang up or glitch security check or AP, its a delay on our part because we realistically evaluated our ability to demonstrate the legal standard of "extreme hardship". We finally applied in September because the family situation has changed so dramatically this past year that we now feel its possible to get an approval of our I601. (crossed fingers)

Although we did have a bit of a hassle with getting to Warsaw for the VISA interview which delayed things by a couple months, overall the processing times during the various parts of the process, I130, NVC processing, etc have lined up with other folks who have submitted similar applications to the same locations we did during the time frame ours was being processed.

Although the decisions made by the adjudicators and processing folks at the USCIS and Embassy are not within my control, it was some solace and sense of continuity to compare our processing times with others processing through the same country or stateside office simultaneously. At least that way we were assured our case was within "normal" processing times and not lost or sitting in a black hole somewhere.

While six months is the estimated time at the USCIS post our case is being processed through and other folks are seeing approvals/denials in as little as 3-6 weeks. Knowing the facts of my case I do not think this is possible for us. Because of previous Immigration proceedings they will need to see my spouses A-file. My guess is they will put the case in the pending file and once they open it they will realize they need it and send off for it. It will likely take 4-6 weeks to get the A-file to the USCIS office from the states. So at minimum that probably adds an additional two months to whatever the current processing times are coming out of that Embassy. If they have to do research or request additional information from us it will add even more time. Of course if you or I were running that office we might ask for the A-file the minute the case is received so it would be coming along at the same pace as the other cases in the que. From my casual observations unfortunately I do not think they work like that. Sounds crazy but there is some peace in not unrealistically expecting some of the speedy answers that are coming out of the post we are dealing with. Knowledge is power some motivational speaker said, while I feel no power and the only knowledge is this is 3rd party reports by anonymous strangers on the internet, nonetheless its been somewhat comforting.

Unfortunately "standing up for what is fair" in this type of situation is a very gray area. The average American has no idea of the depths of the Immmigration Bureacracy as we now intimately know it. For me I have taken this time to work in a volunteer capacity with an Immigration Advocacy Organization that works on a legal remedy for these types of cases. Initially going into this I felt like a whipped dog, but after having met and read so many stories of folks who have no remedy and circumstances that are far more critical than ours, I was humbled by their grace and fortitude.

My hats off to you and I wish you the best outcome and a speedy decision. Don't leave us hanging when you get an update come back and let us know.

Broken,

I will most certainly keep you all updated.

100% of the shots you don't take, you MISS!

Cheers

Davey

[Used to be broken 147]

Waiver cases have been successful with the petitioner living either in the US or in their spouse's country during processing. An argument must me made as to why you cannot live in their country and why you cannot live in the US without them BUT during waiver processing you must do one or the other. Laurel Scott has repeatedely said that in her experience, which is very extensive BTW, that it doesn't matter which you choose.

I absolutely could not stay with my husband at all during the waiver processing bc my son's congenital heart condition. I could, however, stay in the US for him to continue to receive the care he needed. The trick was explaining why I couldn't do it forever which was for how long he was banned.

I think Laurel does a great job for her clients and has lots of experience with waivers and good approval ratings. I have relationships with lots of people in the waiver process and have seen several very recent cases denied and it was partially due to the problem of being able to articulate why you can't live with him/her in the beneficiary's country when you are actually doing it. I think this is what they are speaking of when they say "ties to US" you are not tied if you are in another country for a couple years. you may have compelling reasons you want to go back, but I think being present in the beneficiaries country undermines the argument. Everyone has a bellybutton and an opinion, that is mine based on recent cases I have come in contact with.

[canadianboy 1]

Here is my dilema. I signed up to view my case online and have alerts sent to me(last year). My visa was approved in Dec. 2009 however the MTL Consulate requested an I-601 waiver post approval. The 601 was received in Vermont June 2010. Now, I have read here, and elsewhere that once a 601 is received a receipt is issued, and if there is any movement the date will change on my online status. The latest, and only information of my online status is the I-130 being approved in July 2009. Is someone here experiencing the same, or, can someone explain to me if the online status is even related to I-601 update, etc.?

Thanks kindly.

hey davey. i am just wondering what is the waiver for? do what was the reason for your inadmisability?

[DaveyOntario 1]

hey davey. i am just wondering what is the waiver for? do what was the reason for your inadmisability?

CIMT 36 years ago........

[canadianboy 1]

CIMT 36 years ago........

did you not qualify for petty crime?

[DaveyOntario 1]

did you not qualify for petty crime?

The CIMT I received fell into the petty offence category however I was forced to get an I-192 waiver years back. The I-601 waiver is permanent and will replace the I-192.

[canadianboy 1]

The CIMT I received fell into the petty offence category however I was forced to get an I-192 waiver years back. The I-601 waiver is permanent and will replace the I-192.

how long is the CIMT when they ask you to fill up an I-192? like the timeline between that pettty offence and the I192

[DaveyOntario 1]

how long is the CIMT when they ask you to fill up an I-192? like the timeline between that pettty offence and the I192

About 27 years

[canadianboy 1]

About 27 years

maybe 27 years ago the exception on the INA Acts regarding petty offence wasn't there yet...

[DaveyOntario 1]

maybe 27 years ago the exception on the INA Acts regarding petty offence wasn't there yet...

Perhaps, whats your situation?

[canadianboy 1]

Perhaps, whats your situation?

CMIT as well for my brother.. conditional discharge six months of probation 12 years ago