Filed Waiver in Montreal

[new orleans bound 0]

briluke_nyla, you have no time line posted. when did you file your waiver? What was the waiver for?

[briluke_nyla 0]

We filed ours on March 30th 2006 through Montreal. We had our interview that day. I was received in Vermont on April 28th, 2006. We are rather unsure of what our waiver is for. We thought it was for misrepresentation, but the border officers told us that it was due to lack of documentation. On my denial letter it states we were denied due to Section 212(a)(9)(A) Expedited Removal.

[geronimostyle 0]

Our I-601 receipt date at Vermont is April 28, 2006. We filed Waiver for misrepresentation 212(a)(6)©(i) via Montreal Consulate.

The last document received from VSC was NOA for this waiver.

I am setup for progressive email updates (if any) via the USCIS website, but have never received any.

I think we are in it for 12 to 16 months based on Approved-601 and Pending-601 data on this forum.

Our lawyer is suggesting to file Writ of Mandamus now. This would force VSC to reply on 601 status

and even force them to make a decision within 30 days, I think.

I am not so hopeful about this Mandamus. I dont think anyone can force VSC to do anything.

I think, at best, VSC will reply with how busy they are and roughly how much more time they would need to make a decision.

The lawyer and I would then have no-more-choice but to accept their response.

Any opinions at this forum ?

Thanks

[new orleans bound 0]

Geronimostlye,

Do you have confidence in your lawyer and the information they present to you? My reason for asking is not all lawyers are knowledgeable in waivers. I know with my lawyer-they're not that knowledgeable. Have you tried calling Vermont to get any information. I don't know all that much about the waiver process and I learn as I'm going along but if you are the USC contact a Senator or Congress person who can get the information for you/your spouse on the status before you file the Writ of Mandamus. It's my opinion, but if you push the VSC for a decisin you might get a denial. Try a politican to help you. My husband and I use one and we get more information from them than our lawyer.It's odd that only Canadian waivers take the longest to approve. I hang out in the London waiver section and theirs seem to take about 18 weeks before a decison is reached. It's very unfortunate for us. I wish you speed in getting your waiver approved.

[new orleans bound 0]

HMG,

Left me start off by asking, I know it’s a silly question but is your wife Canadian? The reason I ask is, I know of two people who filed their paperwork through Montreal but they weren’t Canadian. It’s an important question because as Canadians we are allowed to stay in the US for 6 months. Therefore your wife’s overstay would be under 14months and she would incure a ban of 3 years for her overstay and that’s why you need a waiver. And seeing that the Consulate accepted your waiver, it is in Vermont for ajudaction. Montreal has no say so in the outcome of your waiver. It’s all adjucated in Vermont and the decision is sent to Montreal who than in turn contacts you.

Your next question-2. Will I get a NOA-1 for the waiver?

You will get a NOA number from Vermont about your waiver. It starts with EAC.

3. How long is the approximate time that it will take to process?

That varies from waiver to waiver but it seems that anything over 6 months. But you’re looking at a year.

[new orleans bound 0]

Has any body here heard anything about their waivers. Over in the London Waiting room, two were approved and I'm hoping we might get some good news soon.

[briluke_nyla 0]

I haven't heard anything yet. I hope someone does soon.

[new orleans bound 0]

"briluke_nyla Posted Jan 28 2007, 11:27 PM

I haven't heard anything yet. I hope someone does soon."

Briluke Nyla- I was on immigrate2us.net and there were 2 Canadians on their who filed waivers. They said that waivers through Montreal are taking much longer than those through the other Embassy's. It looks like there's a 5-6 month wait. Let's hope and pray that Vermont hurries up.

[briluke_nyla 0]

There's alot more than a 5-6 month wait. I've already been waiting for 10! I wish it was 5-6. There doesn't seem to be any real rhyme or reason to it. That's the most annoying thing about it all.

[sandrajaye 0]

Call me silly, but we went through the Fiancee visa process in 2004. Delays were really lenghty back then (at least for Canadians) and we were finally approved in April 2005 (after 6 months). Word at that time for the delays and falling in behind everyone else (especially Britain)...Canada did not support the Iraq war, therefore, are not friends of Bush...therefore, on the lower rungs of the ladder in terms of priority. It seems to me that looking at a lot of the Canadian visas, waivers, etc.. still going through...Canada is still at the back of the bus in terms of timing..Food for thought. Just my two cents worth...

[Caladan 19]

Call me silly, but we went through the Fiancee visa process in 2004. Delays were really lenghty back then (at least for Canadians) and we were finally approved in April 2005 (after 6 months). Word at that time for the delays and falling in behind everyone else (especially Britain)...Canada did not support the Iraq war, therefore, are not friends of Bush...therefore, on the lower rungs of the ladder in terms of priority. It seems to me that looking at a lot of the Canadian visas, waivers, etc.. still going through...Canada is still at the back of the bus in terms of timing..Food for thought. Just my two cents worth...

Or there's the more plausible explanation of volume at an overworked service center. Canada didn't support the Iraq war, but so didn't a lot of other countries who have no problems getting I-601 approved.

[new orleans bound 0]

There's alot more than a 5-6 month wait. I've already been waiting for 10! I wish it was 5-6. There doesn't seem to be any real rhyme or reason to it. That's the most annoying thing about it all.

Briluke Nyla, The norm for processing looks like it's been over 6 months, but generally 6 months from the time the waiver gets received in Vermont. Some people have gotten it approved faster and others for some unknown reason get stalled. Have you tried contacting a senator from your home state to help remedy the situation? did you file the waiver on your own or with legal help? Have you treid calling the serive center to get an update on your waiver. After 180 days you should be able to hear something. Most of the time they will say pending but sometimes you can luck out and find something out. I really hope you hear something soon.

[new orleans bound 0]

Call me silly, but we went through the Fiancee visa process in 2004. Delays were really lenghty back then (at least for Canadians) and we were finally approved in April 2005 (after 6 months). Word at that time for the delays and falling in behind everyone else (especially Britain)...Canada did not support the Iraq war, therefore, are not friends of Bush...therefore, on the lower rungs of the ladder in terms of priority. It seems to me that looking at a lot of the Canadian visas, waivers, etc.. still going through...Canada is still at the back of the bus in terms of timing..Food for thought. Just my two cents worth...

Or there's the more plausible explanation of volume at an overworked service center. Canada didn't support the Iraq war, but so didn't a lot of other countries who have no problems getting I-601 approved.

Caladan, you are correct. Vermont does handle a lot of petitions but so do all the other service centers. However the Canadian waivers are sent to a specific department for adjudication. And when someone has been waiting a long time to get their paperwork approved (or denied), as in some of our cases, the excuse of the service have a large volume of petitons doesn't always cut it.

Also, if you research back through some of the waiver threads you'll see that Canadians waiting for waiver approval have the longest wait of all. Someone got approved in London after 18 weeks, where as we have one person here who has been waiting for 10 months. Unless one is in the situation of waiting for an approaval of a waiver, our wait times mean nothing. There are a lot of people here on VJ who moan and groan about how long it's taking to process a regular petition, now add to that a waiver...... It makes one question why it takes a Canadian waiver to get processed so long. I don't think it has anything to do with the war, but US/ Canada relations have never been the best. And that could be an answer, who really knows. The only distressing thing is having to wait over 6 months for an answer.

[briluke_nyla 0]

There's alot more than a 5-6 month wait. I've already been waiting for 10! I wish it was 5-6. There doesn't seem to be any real rhyme or reason to it. That's the most annoying thing about it all.

Briluke Nyla, The norm for processing looks like it's been over 6 months, but generally 6 months from the time the waiver gets received in Vermont. Some people have gotten it approved faster and others for some unknown reason get stalled. Have you tried contacting a senator from your home state to help remedy the situation? did you file the waiver on your own or with legal help? Have you treid calling the serive center to get an update on your waiver. After 180 days you should be able to hear something. Most of the time they will say pending but sometimes you can luck out and find something out. I really hope you hear something soon.

My husband contacted the Senator in his state and they told him all they can really do is call to check on it, which they said they would and as far as we know they haven't. We did have a lawyer at the time who helped us submit everything. I have never tried calling the service center, I honestly didn't know you could. Does the USC have to phone or can I? Thanks!

[Caladan 19]

Call me silly, but we went through the Fiancee visa process in 2004. Delays were really lenghty back then (at least for Canadians) and we were finally approved in April 2005 (after 6 months). Word at that time for the delays and falling in behind everyone else (especially Britain)...Canada did not support the Iraq war, therefore, are not friends of Bush...therefore, on the lower rungs of the ladder in terms of priority. It seems to me that looking at a lot of the Canadian visas, waivers, etc.. still going through...Canada is still at the back of the bus in terms of timing..Food for thought. Just my two cents worth...

Or there's the more plausible explanation of volume at an overworked service center. Canada didn't support the Iraq war, but so didn't a lot of other countries who have no problems getting I-601 approved.

Caladan, you are correct. Vermont does handle a lot of petitions but so do all the other service centers. However the Canadian waivers are sent to a specific department for adjudication. And when someone has been waiting a long time to get their paperwork approved (or denied), as in some of our cases, the excuse of the service have a large volume of petitons doesn't always cut it.

Also, if you research back through some of the waiver threads you'll see that Canadians waiting for waiver approval have the longest wait of all. Someone got approved in London after 18 weeks, where as we have one person here who has been waiting for 10 months. Unless one is in the situation of waiting for an approaval of a waiver, our wait times mean nothing. There are a lot of people here on VJ who moan and groan about how long it's taking to process a regular petition, now add to that a waiver...... It makes one question why it takes a Canadian waiver to get processed so long. I don't think it has anything to do with the war, but US/ Canada relations have never been the best. And that could be an answer, who really knows. The only distressing thing is having to wait over 6 months for an answer.

Oh trust me, I know it's distressing, and I know it's a long wait, and I know there seems to be no reason for it. I just thought the conspiracy theory was a bit much. 10 months is ridiculous; if it's for an overstay, for crying out loud, it's practically faster to wait out the ban.

Have you called your Congressmen?