I-130 approval is a boost for 601 waiver approval?

[Zombie69 363]

I was given a waiver request after my 1-130(marriage base green card)was approved due to the CIMT misdemeanor convictions. I should think 1-130 approval should be one of the mitigating factors for approval?

[Boiler 45,482]

Well an I 601 filing would be dependent on having an approved I 130 if that is what you mean.

[Zombie69 363]

Yes, but I am just wondering if 130 approval will be weighed as a positive/mitigating factor for waiver approval.

[Boiler 45,482]

Must be positive.

Without it you would not be able to apply for a waiver.

[Zombie69 363]

Yeah, Boiler, I guess that makes sense. I am just a bit worried and plus I don't know how long my CIMT waiver is going to take(two misdemeanors). My laywer and USCIS said my waiver doesn't really have time processing time. My lawyer and I have done everything we can. We have submitted tons of evidence, declarations from me and spouse, I have excellent history of immigration status before we filed for AOS. My spouse is much older than me(He is 46 years older than me), we overcame the obstacle and suspicion from USCIS and got 130 approved. I think we will be ok. There are too many mitigating factors outweighing my two petty misdemeanors. I just have to wait it out.

[Boiler 45,482]

In Country, so does it really matter?

[Jawaree 717]

The waiver is discretionary, I 130 approvals

just approve the relationship or family relations

are bonafide , I do believe inside the US one's chance

is a tad bit better than those outside, with a lawyer

who knows the job..U should be okay

[Zombie69 363]

Boiler, of course it matters. Who doesn't want to get their status fixed so he or she can just move on whether you are in country or not.

[Zombie69 363]

Thanks, Jarwaree, I think I will be ok, thanks for the encouragement.

[averageguy6 22]

I was given a waiver request after my 1-130(marriage base green card)was approved due to the CIMT misdemeanor convictions. I should think 1-130 approval should be one of the mitigating factors for approval?

Do you understand that approval of a 601 waiver for history of CMT is based upon the USA citizen showing extreme hardship?

Mitigating factors are good, but your waiver is NOT about you so much as it is about your US Citizen spouse showing extreme hardship.

From what you wrote Im not sure your attorney understands it either? You dont just send them mitigating factors about yourself and your past crimes....that is certainly a small part of the process, but not the main part.

I130 approval is REQUIRED to start the process, its NOT a mitigating factor for your waiver. For you to make approval of an I130 as part of your waiver argument would be ridiculous as you cant even do a waiver without the I130.

Getting a waiver approved at all is a lot or work (I have done it) and not guaranteed, and with a history of TWO CMT it is a serious obstacle. You need an immigration attorney with some experience with 601 waivers.

You are right you ARE going to need a lot of mitigating factors. But first and foremost your two need to work on what your spouses extreme hardships are going to be......

What evidence did you submit? Declarations of what from you and your spouse?

If you entered legally at least you dont have that as an issue also. Is that what you mean by an "excellent history of immigration status?"

How are you here legally now?

[averageguy6 22]

And your attorney is wrong about time frame.

USCIS DOES have a time goal of 4 months for 601 waivers. They dont always meet that goal, but that is true for other USCIS forms also.

Currently you can look at the USCIS website for processing times, look up the Nebraska Service Center, and it will show you what month they are currently working on for 601 waivers.

Lately 601 waivers have been taking as little as 3.5+ months. Ours took 3.5 months. I also know one woman who has waited 1 year so far, but that is rare. Last year people were waiting 6-8 months....so it does vary, but you can join immigrate2us and Facebook group 601 waiver journey and check other peoples time frames.

[averageguy6 22]

Boiler, I understand what you mean about her being here already so what is the hurry since they are already together and she is unlikely to get deported......

However, won't she have to go back to her country for an interview at the consulate (thus also adding illegal presence to her case and needing a waiver for that) or can she skip that if she entered legally in the first place and just overstayed like AOS case?

If she got her legally with a visa in the past, does that imply that she didn't have the crimes on her record back then, thus her crimes were committed while she was in the USA?

In that case, I wonder why she was not deported when convicted?

Id like to hear the whole story.

[Boiler 45,482]

The crux is tat you were inspected, could have used false non USC documentation, but if were inspected then you can file in country with a waiver as needed.

[Zombie69 363]

AverageGuy6, of course I understand it is all about proving the extreme hardship, my spouse is 86 years old, and he is bound to a wheel chair. He suffers from extreme medical conditions from arthritis to atrial heart problem. We submitted a doctor's letter, and a whole bunch of medical records. Plus, my home country in Taiwan does not recognize gay marriage. My excellent history of immigration means over the past 17 years, I have never fallen out of status. I was a full time F1 visa student for 17 years. We could not legally get married until Defense of Marriage Act and prop 8 in CA got struct down last year. Nobody can guarantee the outcome, but I will be very shocked if we get denied after all the supporting document we submitted. The decleration letters show how regretful I am about the misdemeanors and explains a bit about me and my spouse's relationship. My spouse also explained the hardships he will suffer if I am denied. My laywer wrote about 10 to 15 pages brief as well. My legal status now is my EAD card. The USCIS told me the same thing my lawyer said( I called them 3 months into our having turned in the waiver). My receipt number starts with MSC under National Benefits Center, they say there is no processing time for my waiver. My laywer said I could hear from them anytime as well. My legal status now is my EAD. It will be 4 months next week since we filed the waiver in April. I was just wondering if 130 approval is one of the positive factors, it has to be somewhat positive in my opinion and situations.

[Zombie69 363]

Boiler, I understand what you mean about her being here already so what is the hurry since they are already together and she is unlikely to get deported......

However, won't she have to go back to her country for an interview at the consulate (thus also adding illegal presence to her case and needing a waiver for that) or can she skip that if she entered legally in the first place and just overstayed like AOS case?

If she got her legally with a visa in the past, does that imply that she didn't have the crimes on her record back then, thus her crimes were committed while she was in the USA?

In that case, I wonder why she was not deported when convicted?

I commited the two misdemeanors while I was in the States. Obviously, they were not violent crimes, that is why I wasn't deported.

Id like to hear the whole story.

The two misdeamors I have are minor crimes, one of them is also not necesariy a CIMT. Obviously, I Edited August 17, 2014 by Zombie69