Deported in May. Require Info On Lifting 5YR Ban

[Boiler 45,945]

The Embassy has never been involved.

Where it is adjudicated, well now in London some time later they will centralise. Anticipated dates for changes have a habit of moving.

CDJ is by far the easiest, I would put London in the next category anecdotally.

[Sergi9 110]

The Embassy has never been involved.

Where it is adjudicated, well now in London some time later they will centralise. Anticipated dates for changes have a habit of moving.

CDJ is by far the easiest, I would put London in the next category anecdotally.

The common thread if there is one between UK folks and Mexico folks is more about lack of aggravating factors than any other factor. In other words Mexico handles a high number of EWI when the beneficiary is a child, and London handles a high number of legal entries with simple overstay.

In both scenarios with a lack of aggravating factors a waiver can have high chance of approval. Cases with aggravating factors are more difficult regardless of location of adjudication. Country conditions then becomes an issue. England and territories are going to need a stronger set of hardships assuming the holistic approach to adjudication than Mexico where it is easier to prove difficulty in daily living, language barriers, threats of crime, violence etc.

There is a high correlation between what the inadmissibility is and whether it can be overcome.

Statistics

[Sergi9 110]

There is a high correlation between what the inadmissibility is and whether it can be overcome.

Statistics

Oops, so as you can see from statistics worldwide a Misrepresentation Charge only has a 24% chance of approval vs a 85% chance for an unlawful presence of more than a year. So its more about what the inadmisability (aggravating) than the location.

[Used to be broken 147]

The Embassy has never been involved.

Where it is adjudicated, well now in London some time later they will centralise. Anticipated dates for changes have a habit of moving.

CDJ is by far the easiest, I would put London in the next category anecdotally.

London looks like its not the hardest but Frankfurt is actually posting a higher approval rate than London.

Rome District Stats

[Christi85 86]

But then the OP also has to tackle the deportation ban, right? And from what I can see in the table, such cases have a 28% success rate which is much higher than other categories, but still quite a low percentage in itself.

[Boiler 45,945]

Just a couple of other factors:

Educational factors, many Consulates would be dealing with cases from those without legal representation and with limited education and language skills.

Certainly with CDJ lots of minor convictions plus DUI's.

[Used to be broken 147]

Just a couple of other factors:

Educational factors, many Consulates would be dealing with cases from those without legal representation and with limited education and language skills.

Certainly with CDJ lots of minor convictions plus DUI's.

Yes, The ability to articulate hardship can be difficult for anyone with English as a second language, anyone with aggravating factors would be well served to hire legal help.

IMHO, WHY someone is barred and what the aggravating circumstances are is the single most relevant factor in decision process.

CDJ received approximately 22,000 waiver applications, 86% of the total number of I-601s filed with USCIS abroad

CDJ approves within a matter of days approximately 50 percent of waivers filed, while the other 50 percent are referred for additional review.

[Boiler 45,945]

Not for much longer, which is onl;y fair.

There are some cases where the issues are so bad the waiver quality is immaterial, but I would still put quality very high on my list.

[Sergi9 110]

Not for much longer, which is only fair.

There are some cases where the issues are so bad the waiver quality is immaterial, but I would still put quality very high on my list.

There is no indication of the CDJ pilot program ending any time soon. Not sure why it would be considered unfair.. majority of folks who are approved on pilot came in as children and were brought by parents.

[Boiler 45,945]

It was announces a week or so back, they are all going to be adjudicated in the US.

Come into the US illegally and only have to wait a week.

Do not come into the US illegally and wait 9 months?

It is of course my opinion.

[Used to be broken 147]

It was announces a week or so back, they are all going to be adjudicated in the US.

Come into the US illegally and only have to wait a week.

Do not come into the US illegally and wait 9 months?

It is of course my opinion.

I am pretty sure there has been no formal announcement just some advance telecommunication with stakeholders. They haven't officially published any details. I would be very shocked if they dismantled a flag ship project like the pilot in CDJ.

You are entitled to your opinion but Sergi has a point, large percentage of the folks going through CDJ were brought here by parents and did not participate in the situation. The vast majority of other folks came as adults and willfully stayed and became "illegal", which is neither here nor there. If they clog up the new stateside adjudication system with CDJ cases it will very shortly become a lot longer than 9 months to adjudicate. In late 2006 early 2007 the backlog in CDJ before the pilot was over 12 months.

[Boiler 45,945]

Laurel: Direct USCIS Acceptance of I-601s in CDJ

Beginning in March of 2011, USCIS started transitioning from having DOS clerks accept the waiver packet to having USCIS clerks accept the waiver packet "directly" in CDJ. The transition is now complete and they are operating that office with 100% USCIS clerks. But attorney and applicant will notice no difference. Waiver appointments are still made through a DOS contractor and the consulate still has to 'clear' the applicant to file the waiver before the appointment can be made. There is no detectable advantage to the attorney or applicant for this change.

Lockbox Acceptance of I-601s later this year will require that the consular interview take place first

Beginning no earlier than November of this year (possibly later), applicants will mail their waiver packets to a lockbox in the US following the consular interview. They will not be able to file the waiver in advance of the consular interview. This will eliminate some of the problems we have had with consulates creating their own requirements for accepting the waiver, problems with consulates not transmitting the entire packet, consulate requiring applicants to travel back to the consulate a second time to file in person, and problems with consulates hanging on to waiver packets for three months before sending to USCIS. It will also make the process cheaper for the government and will increase consistency in adjudications (consistency does not necessarily mean approval rates will improve or even remain the same). On the downside, the alien still must depart the US before filing and remain abroad while the waiver is adjudicated. So the biggest challenge in foreign waivers - family separation - remains. And the thing attorneys most wanted with lockbox filing - decision in hand before departure - is not in the plans. Also, the new procedure jeopardizes the Rapid Adjudication Program in Ciudad Juarez. [i forgot to ask about that on the call. I sent an email and am awaiting reply in regard to whether lockbox filing will kill the CDJ rapid adjudication program.]

With lockbox filing, it is undecided whether packets will be accepted if they have not been cleared by the consulate

Where the consulate finds the applicant ineligible to apply for a waiver (e.g. false claim of citizenship for a minor), it is possible that the applicant will be able to bring questions of law to USCIS via the waiver. That is still being ironed out, but it looks like it will be possible. However, USCIS is taking the position that they cannot review questions of fact found by the consulate (e.g. whether your client made an unwritten, unsigned confession to a false claim of citizenship in the un-recorded, unwitnessed consular interview).

Concurrent I-130/I-601 filing is still being considered, but is a 'no-go' for the forseeable future

Filing the I-601 and having a decision in hand before the alien departs remains controversial for many reasons (that I won't get into here). It is not impossible that it will happen in the next one to three years, but for the moment there are no plans to make it happen any time soon.

It has not been decided where lockbox filings will be adjudicated

USCIS is still in the process of determining where in the US the lockbox filings will be adjudicated. It will not necessarily be Anaheim.

[Used to be broken 147]

Also, the new procedure jeopardizes the Rapid Adjudication Program in Ciudad Juarez. [i forgot to ask about that on the call. I sent an email and am awaiting reply in regard to whether lockbox filing will kill the CDJ rapid adjudication program.]

With lockbox filing, it is undecided whether packets will be accepted if they have not been cleared by the consulate

Where the consulate finds the applicant ineligible to apply for a waiver (e.g. false claim of citizenship for a minor), it is possible that the applicant will be able to bring questions of law to USCIS via the waiver. That is still being ironed out, but it looks like it will be possible. However, USCIS is taking the position that they cannot review questions of fact found by the consulate (e.g. whether your client made an unwritten, unsigned confession to a false claim of citizenship in the un-recorded, unwitnessed consular interview).

Concurrent I-130/I-601 filing is still being considered, but is a 'no-go' for the forseeable future

Filing the I-601 and having a decision in hand before the alien departs remains controversial for many reasons (that I won't get into here). It is not impossible that it will happen in the next one to three years, but for the moment there are no plans to make it happen any time soon.

It has not been decided where lockbox filings will be adjudicated

USCIS is still in the process of determining where in the US the lockbox filings will be adjudicated. It will not necessarily be Anaheim.

Yes, this is Laurel Scott discussing a teleconference with USCIS and stakeholders. As she says nothing is decided or announced on CDJ program, or for that matter do they even know where the adjudications will take place. It might well be the USCIS office in CDJ continues to operate the Pilot program.... no one knows.

It appears to still be up in the air hard to tell without a formal announcement.

Edited August 3, 2011 by brokenfamily