I-601 WAIVER UPDATES

[CDJ2016 3]

HI - 

I  filled i601a application. (unlawfll presence waiver)

I am the USC Petitioner.  I was approved - May 2017

USCIS received application and supporting documentation in January (5 months investigation-processing)

It took me about 6 months to get the necessary supporting documentation together before filing  - which I did through a lawyer.  

I'm Currently waiting on NVC for interview date.  

 

My petition was 10 bullet paragraphs encompassing 1/3/4 pages.  

Documents in evidence - many,many pages..

 

Consult a lawyer! 

The term “extreme hardship” has a special meaning as used in the U.S. immigration laws. It is “not a definable term of fixed and inflexible meaning, and the elements to establish extreme hardship are dependent upon the facts and circumstances of each case.” Matter of Cervantes, 22 I. & N. Dec. 560, 565 (BIA 1999).

 

 

 

 

 

 

 

 

Edited September 13, 2017 by CDJ2016

[Forealla 1]

7 hours ago, CDJ2016 said:

HI - 

I  filled i601a application. (unlawfll presence waiver)

I am the USC Petitioner.  I was approved - May 2017

USCIS received application and supporting documentation in January (5 months investigation-processing)

It took me about 6 months to get the necessary supporting documentation together before filing  - which I did through a lawyer.  

I'm Currently waiting on NVC for interview date.  

 

My petition was 10 bullet paragraphs encompassing 1/3/4 pages.  

Documents in evidence - many,many pages..

 

Consult a lawyer! 

The term “extreme hardship” has a special meaning as used in the U.S. immigration laws. It is “not a definable term of fixed and inflexible meaning, and the elements to establish extreme hardship are dependent upon the facts and circumstances of each case.” Matter of Cervantes, 22 I. & N. Dec. 560, 565 (BIA 1999).

 

 

 

 

 

 

 

 

Hi there.  So I want to just be clear on a few things. 1. Your application was approved in only 5 months? Any ideas how? (We're waiting 9 months already)

2. Was your spouse waiting with you in America during the wait of waiver approval?

3. What was the reason you gave for why you could not live with your spouse in her country?

[MaryLu19 10]

Tomorrow my waiver packet is being sent in. I am doing an I 601a with my father being the qualifying relative, and my lawyer is requesting expedite processing. I am so nervous.... Best wishes to all of you who are going through this process.

[CDJ2016 3]

Forealla - I Have no clue how it all works...  time wise....  In my case -  We are both in the US, I had approved I-130 prior to I601a app. and we are soon (hopefully) IR-1applicants.  I can not move from the US because THE TRUTH (not mere reasoning) is I will have custodial care obligations for my handicapped sibling whose condition and medical support needs prohibit a move to foreign country.  (Evidenced by DR affidavits, financial aide records, medical diagnosis , other histories....  miseries...etc)

 

Also, Since I applied and was approved the eligible applicant pool for I601 has been expanded, resulting in more applicants. 

And Increased investigations as well.  https://www.ice.gov/identity-benefit-fraud.  

 

RE: The I-601A Waiver Regulation Expanded in 2016

A new regulation went into effect that expands the number of people who will qualify for an I-601A waiver. The initial provisional I-601A waiver allowed certain individuals with an approved petition by a U.S. Citizen spouse or parent to obtain a waiver in the U.S for having remained unlawfully in the U.S., if they could prove that the qualifying U.S. Citizen spouse or parent would suffer an extreme hardship if the individual was removed from the U.S. The new expanded regulation for The provisional waiver has expanded to include Legal Permanent Resident spouses and parents as qualifying relatives for the hardship component, whereas the prior provisional waiver regulation limited qualifying family members to only U.S. citizen spouses and parents.

 

 

 

[CDJ2016 3]

Hey Forealla,- you can contact DHS Ombudsman also -  

"If you waited 60 days past USCIS processing times and have tried the USCIS customer service options but still need help resolving a problem with an application or petition, you can ask the Ombudsman’s Office for help by taking the following steps:"

Please submit all evidence or information regarding the efforts taken to first resolve the issue with USCIS.

 

https://www.dhs.gov/case-assistance

[Lrxify 4]

Just a heads up that might be useful to some of you. My I-601 was approved on September 8. I'm outside of the US but my son in Florida got the approval by mail yesterday, a few days behind because of Irma. My waiver was filed on August 31, 2016 so It took exactly 1 year and one week to get the approval (373 days) but within the processing times published for the NSC. The next step is to wait for the docs to arrive at my consulate (takes about a week), and for my consulate to email instructions to get my passport stamped with the I-130. There's 2 options at my consulate, they might request that I send a few documents and my passport by mail and they will return it stamped with the visa by mail as well, or they might request that I personally bring them the documents and the passport to be stamped. And that's it, either way they request I should be back in my beloved USA in a few weeks.

My receipt number is LIN1690968145 just in case you want to compare with your own receipt number so you can roughly estimate were you stand at this point. Funny thing is that on the myUSCIS website my case still hasn't been updated as approved. 

 

My case was a complex one, but I was always very positive and always believed that I would get my waiver approved, never doubted it. Not even in my worst moments did I loose hope or focus. I encourage you guys to do the same, be positive, persevere, be patient and believe in what you want accomplished and it will happen, don't doubt it for a second. And of course never underestimate the importance of an outstanding attorney that is also a compassionate human being that listens to you, makes you feel comfortable and answers your questions clearly, understands your story and tells you straight if he can handle your case or not.

 

Good luck everyone 

[Zuheidi88 1]

Lrxify congratulations, I'm just confused because I applied July 2016 and I called in august this year and they said my i601a got approved but I haven't received a letter or packet stating it's approved or to make any appt been waiting a year and almost 2 months. 

[Lrxify 4]

2 hours ago, Zuheidi88 said:

Lrxify congratulations, I'm just confused because I applied July 2016 and I called in august this year and they said my i601a got approved but I haven't received a letter or packet stating it's approved or to make any appt been waiting a year and almost 2 months. 

Wow, that's a long wait. My waiver was a I-601 not a I-601A. I understand that the circumstances for these 2 waivers are quite different. The procedures are so complicated now and constantly changing, so you really, really need a good attorney to help you.

 

Good luck

[Nan84 0]

Hi guys, I filed for the 601a waiver on August 24, 2017 and did my biometrics on September 20, 2017. My case is at NBC. I have read that it is taking about 4 months to be approved at this center. I will post my updates! Good luck to everyone.

[CA1515 78]

10 hours ago, Nan84 said:

Hi guys, I filed for the 601a waiver on August 24, 2017 and did my biometrics on September 20, 2017. My case is at NBC. I have read that it is taking about 4 months to be approved at this center. I will post my updates! Good luck to everyone.

I will be sending ours out this Thursday 10/05/2017 so I am a about a month and a half behind you. Keep us updated on whenever you hear anything! I also have a thread going for any updates on I-601A recently sent or accepted so we can get more accurate processing times. Please feel free to join us! 

 

[maryLu 58]

Just got my Receipt notice for I601A , notice day of September 25.  Waiting for the biometrics  appointment. So anxious!

 

[Lrxify 4]

UPDATE ON MY CASE:

 

Went for follow-up interview yesterday October 12 and visa was approved. Scheduling my interview took 4 weeks after I received my I-601 approval notice. I should get my passport and immigrant package in a few days since the immigrant section at my consulate was not busy at all. I even noticed a much less than usual flow of applicants for visitor visas. Anyway, paid my USCIS-ELIS fee online as soon as I left the consulate and bought my one way ticket for October 26. My nightmare is over! Thank you Life, Thank you Universe, Thank you Karma, Thank you USA.

I wish everyone great luck with your individual cases. Despite all the recent mess with the new government, we will overcome, the USA is still the greatest country on earth, a compassionate country willing to give people like all of us a second chance.

 

 

[maryLu 58]

8 hours ago, Lrxify said:

UPDATE ON MY CASE:

 

Went for follow-up interview yesterday October 12 and visa was approved. Scheduling my interview took 4 weeks after I received my I-601 approval notice. I should get my passport and immigrant package in a few days since the immigrant section at my consulate was not busy at all. I even noticed a much less than usual flow of applicants for visitor visas. Anyway, paid my USCIS-ELIS fee online as soon as I left the consulate and bought my one way ticket for October 26. My nightmare is over! Thank you Life, Thank you Universe, Thank you Karma, Thank you USA.

I wish everyone great luck with your individual cases. Despite all the recent mess with the new government, we will overcome, the USA is still the greatest country on earth, a compassionate country willing to give people like all of us a second chance.

 

 

 CONGRATULATIONS!  Wonderful news! Can you believe that is over?  I am so happy for you, and for everyone that gets approved. May God bless you! 

 I am so anxious, I feel so hopeless sometimes, ....anyhow glad to hear your good news.

[Lrxify 4]

On 10/13/2017 at 7:48 PM, maryLu said:

 CONGRATULATIONS!  Wonderful news! Can you believe that is over?  I am so happy for you, and for everyone that gets approved. May God bless you! 

 I am so anxious, I feel so hopeless sometimes, ....anyhow glad to hear your good news.

Thank you maryLu, good luck to you! See you at the beach...

[SMAlexander 7]

Do you guys suggest getting a lawyer or is this waiver something that I can do like everything else?  Please really need advice.  I honestly am at a lost with this process.  This really caught me off guard and we just turned in documents to the embassy that he needed after a failed interview.  He is eligible for a waiver so what now? do I just go ahead and start the 601 process or let a lawyer do it.  Please any kind of guidance is welcomed.