601 fraud waiver and 212 applying in india

[Jessicavernekar 1]

My husband will need a 601 and 212 waiver. We are applying in India. Should we file the 485 first then get the denial letter and then file the waivers or should I file the 485 and the 2 waivers at the same time? Has anyone ever had waivers approved in India? What is the processing times? His fraud waiver is basically because he was a victim of a fake i94 from his employers lawyer but the ice agent told him if he took the plea he would help him get his papers. But then the ice agent backed out.

[aleful 1,905]

hi

no, the i485 is for adjusting status in the US, so you won't being filing that form

[Jessicavernekar 1]

So you are saying that I only file the waivers at the Indian consulate then file the 485? We already have a approved I130 and is with the Nvc.

[Jessicavernekar 1]

Not really sure. The lawyers I consulted with said that the 485 would have to be denied first to get the approval to file the 601 and 212 waivers.

[Boiler 45,522]

485 is for adjusting in country.

Waivers are filed at the lockbox

[NigeriaorBust 4,087]

You will go to your interview based on the I130 in India get denied and be told IF you can file waivers. Then you file the waivers and wait for them to be approved.

[Bimolovekim 6]

You husband visa need to be denied at us consulate in India ,then the co will inform him if he is eligible to file a waiver of inadmissibility which is I 601 & I 212 to overcome his deportation .these both app can be filed at once .good luck

[aleful 1,905]

hi

no, the i485 is only if your husband were in the US and adjusting status, any lawyer that told you to file that form, run from them, they have no idea

as said, he will have his interview in India and be denied, he will receive a reply stating if he is eligible to file for the waivers and you to file the hardship letters

[Jessicavernekar 1]

Thanks for all the great info. What would be a reason for him not to be eligible for a waiver?

[Transborderwife 4,666]

Thanks for all the great info. What would be a reason for him not to be eligible for a waiver?

Not a good enough hardship.

[Bimolovekim 6]

Material fraud is hard to overcome & no waiver available for that & I hope I'm wrong .

[Jessicavernekar 1]

As long as you have a qualifing relative you are eligible for a fraud waiver. And what are you saying is not a good enough hardship I did not specify and of my hardships.

[Boiler 45,522]

Thanks for all the great info. What would be a reason for him not to be eligible for a waiver?

9c is the most common one.

False claim to US Citizenship.

[Jessicavernekar 1]

I have been diagnosed with acute major depression and I have precancerous cells of my cervix I had 3 miscarriages and I am pregnant now which is considered a high risk pregnancy.

9c is the most common one.

False claim to US Citizenship.

So this is available for a waiver correct?

[crankyangel 0]

How long does the appointment time for the Indian Embassy take after the NVC gets all your papers? And how long does the 601 or 212 usually take? We have an approved I-130, but hubby self deported to comply with removal order for illegal entry.