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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted (edited)
13 hours ago, Abbie.S said:

We are about the start to the I-106a waiver process, but both my husband and I are both really worried about one particular piece of his case, so I'm wondering if there have been any cases here with the same issues that have been approved and then approved at the interview:

 

He's been living in the US for >10 yrs, no criminal hx other than the illegal entry at age 15. He just missed the cut-off for DACA. No criminal hx back in Mexico. The biggest issue right now is that he was given a fake SS# by the coyotaje who brought him into the country. This number was used to gain him employment. It is the only thing he's used it for - he doesn't even have the documents he was given back then anymore. Our lawyer checked in with another colleagues to see if they were finding cases with this in common were falling under a ruling or moral turpitude and thus being denied on the grounds of SS fraud. She said colleagues have told her so far they haven't been seeing denials on this ground, but I am so, so worried this will end up happening with him.

 

Moral turpitude case law is so convoluted and varies so much that it's incredibly hard to follow: has anyone successfully gone through a process to attain a green card for a Mexican national with this issue? If it has come up, what ended up happening?

Don’t worry too much about that, as @Mansini77 said, as long as he didn’t claim US citizenship or used a US citizen SSN, he should be ok. I’m sure plenty of people that came from other countries to the US to make a living has used a fake SSN at some point. And I actually know a couple and they were still able to obtain a green card. 

Edited by CA1515
Posted

Hey everyone I got my approval!! There was a bit of bumps but i got it! 11/15/17 receipt approval 5/11/2018.

it was returned in the first week of April. They were asking for more evidence we submitted the evidence requested which was my husbands surgery day. We sent it in lst week and got an approval this week.

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted
3 hours ago, Nena13 said:

Hey everyone I got my approval!! There was a bit of bumps but i got it! 11/15/17 receipt approval 5/11/2018.

it was returned in the first week of April. They were asking for more evidence we submitted the evidence requested which was my husbands surgery day. We sent it in lst week and got an approval this week.

Congrats!!! One step closer!!

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted

OK so here is my story. My husband is from Mexico entered u.s. in 2008. We filed I-130 petition and it was sent to the Potomac service center.

priority date : October 5, 2107

noa1: October 10, 2017

noa2: April 9, 2018

sent to nvc: April 18, 2018

i have not received anything stating that the nvc has received my case so obviously no case number. We should be going in sometime next week to our lawyer to start the i-601a waiver. I seen on the USCIS processing times that the inquiry date for the i-601a waiver is November 14, 2017. Our pd date is October 5, 2017.

So questions are ...

roughly how long after I file I-601a should I get a response? 

when should I call nvc for case number?

where do I go to track our case while it’s at nvc?

Also anyone file the i-601a waiver? What was the process after that and about how long till the interview?

I have so many things to take care of prior to our trip and kind of want a rough estimate on how long I have to get it all done. 

Thanks in advance 

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted
8 hours ago, Deanna dh said:

OK so here is my story. My husband is from Mexico entered u.s. in 2008. We filed I-130 petition and it was sent to the Potomac service center.

priority date : October 5, 2107

noa1: October 10, 2017

noa2: April 9, 2018

sent to nvc: April 18, 2018

i have not received anything stating that the nvc has received my case so obviously no case number. We should be going in sometime next week to our lawyer to start the i-601a waiver. I seen on the USCIS processing times that the inquiry date for the i-601a waiver is November 14, 2017. Our pd date is October 5, 2017.

So questions are ...

roughly how long after I file I-601a should I get a response? 

when should I call nvc for case number?

where do I go to track our case while it’s at nvc?

Also anyone file the i-601a waiver? What was the process after that and about how long till the interview?

I have so many things to take care of prior to our trip and kind of want a rough estimate on how long I have to get it all done. 

Thanks in advance 

Once USCIS has approved your I-130 petiton, the NVC should have assigned you a case number. 

 

Before you can even file your I601a, your IV application and Aff of Support (I864) must be paid in full to the NVC online.  When you and your lawyers have completed your I-601a and have it mailed to USCIS, you need to include confirmation from the NVC that both fees(IV and I864) have been paid before USCIS will review your I-601a.  While you are waiting for your I-601a approval, you can still work on your IV and I864.  

 

Question 1) Currently, you will get a response in 3-6 months, by mail.  Not email...snail mail.  

 

Question 2) You can call NVC anytime and inquire about your case.

 

Question 3) https://ceac.state.gov/IV/Login.aspx  .  You cannot track your I-601a waiver status.  Once they receive your waiver and payment, you just need to wait.

 

Question 4) After your I601a is approved, USCIS will inform the NVC of their decision.  The NVC give you a checklist of items they will need in order to process your case.  (Birth certificates, tax returns, police certificate, marriage certificate, etc).  Once the NVC has everything, they'll schedule your interview in Juarez.  

 

In my honest opinion, you and your husband are too early in the game to even begin thinking about your consulate interview.  Let me put it this way.  On a scale of 1 to 100%, where 1% is starting your I-130 petition, to 100% receiving your permanent resident card...you guys are at the 15% complete so far.  If you mailed your I-601a tomorrow, my best guess for the consulate interview would be March/April of 2019.  

 

It's a grueling process, one that must be taken one step at a time.  Don't worry about traveling to Juarez anytime soon, you'll have plenty of time to prepare for that battle when it comes.  Until then, focus directly on filing your I-601a...gathering evidence and making a strong persuasive argument of "extreme hardship" with your lawyer.  Because if the USCIS denies your waiver, your immigration battle is pretty must lost.  You can refile another I-601a if your first one is denied, but the odds of an approval on 2nd and 3rd chances grows slimmer with every try.  

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted
On 5/8/2018 at 10:15 PM, Mansini77 said:

This is a pretty common question, and one that I often looked into before my wife's interview.  While I can list the questions the interviewing officer asked my wife, this will more than likely not be the same questions for your spouse.  Different interviewing officers have their own methods and traits.  Remember, the interviewing officer is not looking for a reason to approve the visa, he/she is looking for a reason to DENY the visa.  Answer the questions clearly and with confidence.  Study all information you've submitted to the NVC or USCIS.  Do not bring anything but your paperwork.  No phones, no electronics, no moist towelettes, no nothing.  

 

At the consulate, you'll be first asked by an officer for the following documents:

 

1) Birth Certificate 

2) Marriage Certificate

3) Police Clearance Certificate

4) Divorce Papers (if applies)

5) Passport

 

Now, this is what was asked of my wife and may not apply to your case.  She had EVERYTHING from a new I864, tax returns, photographs, my birth certificate, copy of my passport, all the original NOA sent by the USCIS and none of these were requested.  Please please please come to the interview with all papers that have related to your case.  You don' t know before hand what they will request of you.  Better to be safe than sorry.  You don't want your visa denied because you left one piece of paper at home.  The NVC made a big fuss over my income and tax records from 2016, so my wife brought them all...and the consulate never mentioned them once.  

 

You will then be asked to sit and wait your turn for the interview with another officer.  Here are the questions asked.  Again, this is what she was asked and may or may not be asked for other applicants.

 

1) What is your petitioner's name?

2) Where is he/she now?

3) When did you come to the United States?  (You should have entered this on your IV application, an exact date)...that will obviously be your answer.   "September 1st of 2007"...something like that.

4) What type of work does your spouse do?

5) Where and how did you enter the United States?  Tell the IO the nearest town of your entry, they will know based on your IV application as well.  The IO may ask how you entered, most common for illegal entry is across the Rio Grande or crossing the desert.  Stay calm and relaxed.  The IO is aware of your entry and wants to confirm the information, time and place.  Your I-601a waiver approval has waived unlawful presence.  If you used the services of a cayote, the IO may inquire how much the cayote was paid.  

6) When did you and your spouse get married?

7)  Do you have any criminal convictions in the United States?  Unless you were booked and fingerprinted, say no.  Traffic violations like a parking ticket or speeding ticket do not count.  

8) When did you return to Mexico?  IO realize I-601a applicants travel to Juarez strictly on the basis of the visa interview.  It is not uncommon to say "Four days ago".  My wife gave her date of reentry back into Mexico.

9) Do you have children?  If so, how many?

 

That was it.  The interview lasted around five minutes.  The IO handed my wife a green piece of paper, saying she has been approved for her visa.  If you get handed a blue paper, you've been denied.  

 

There isn't much privacy during the interviews, imagine being inside of a bank and talking to a bank teller and another interview is happening five feet away from you.  My wife could hear the questions and answers clearly.  My wife said there were some denials.  Most of which were because the applicant did not have the Police Clearance Certificate.  A few others were denied because of criminal charge either in the US or Mexico.  One was denied because she used another passport of someone who looked similar to her.  Even with her I-601a, she was denied because of misrepresentation.

 

Everyone is nervous at the consulate.  But if you come prepared and have done your homework, you'll be fine.  

 

I hope this helps you, and others.  If you have more questions, feel free and I'll answer it as quick as possible.

Hey @Mansini77, how long after CC did you get your interview scheduled? We got CC 05/03/18, still waiting to get scheduled.

Posted
On ‎5‎/‎11‎/‎2018 at 12:14 AM, CA1515 said:

Don’t worry too much about that, as @Mansini77 said, as long as he didn’t claim US citizenship or used a US citizen SSN, he should be ok. I’m sure plenty of people that came from other countries to the US to make a living has used a fake SSN at some point. And I actually know a couple and they were still able to obtain a green card. 

Thanks to you and @Mansini77. I assumed the same, that there are plenty of folks working w/ fake SS#s, but it's so difficult to get accurate information.

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted
11 hours ago, CA1515 said:

Hey @Mansini77, how long after CC did you get your interview scheduled? We got CC 05/03/18, still waiting to get scheduled.

CA1515,

 

We received our interview email from the NVC a little over a month after the CC.  Hopefully, you'll be getting one early next month.  If that all falls into place, I'd say your interview will be in July.  Whatever date they schedule your interview, make that your highest priority.  Don't try to reschedule the interview, as this can delay your case by months.  

 

Once you get the interview date, you can then begin making your ASC and Medical center appointments either online or over the phone.  On average, people who are approved for their visas stay in Juarez 7 to 10 days.  Our interview was on April 30th, a Monday.  My wife arrived Thursday, April 26th and took care of both appointments that day.  Her visa was approved on Monday and she was able to pick up her passport stamped with visa on Thursday, 3 days later.  We departed two days later on Saturday.  

 

Keep the faith and stay strong, and let me know if you have any more questions.  I'm more than happy to help.

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted
11 hours ago, Abbie.S said:

Thanks to you and @Mansini77. I assumed the same, that there are plenty of folks working w/ fake SS#s, but it's so difficult to get accurate information.

Abbie,

 

I remember asking our lawyer(whom I used simply for advice, not to do our case) about illegal work.  He casually replied, "Immigration knows they are all working, because if they weren't, how are they supporting their families?"  

 

Your spouse used a SS number supplied by the cayote.  And according to the video link I provided, the attorney remarked that illegal work will be forgiven as long as the spouse is an American citizen.  If the issue was such a big deal, they probably would have instituted some kind of waiver similar to the I601a to forgive illegal work.

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted
11 hours ago, Mansini77 said:

CA1515,

 

We received our interview email from the NVC a little over a month after the CC.  Hopefully, you'll be getting one early next month.  If that all falls into place, I'd say your interview will be in July.  Whatever date they schedule your interview, make that your highest priority.  Don't try to reschedule the interview, as this can delay your case by months.  

 

Once you get the interview date, you can then begin making your ASC and Medical center appointments either online or over the phone.  On average, people who are approved for their visas stay in Juarez 7 to 10 days.  Our interview was on April 30th, a Monday.  My wife arrived Thursday, April 26th and took care of both appointments that day.  Her visa was approved on Monday and she was able to pick up her passport stamped with visa on Thursday, 3 days later.  We departed two days later on Saturday.  

 

Keep the faith and stay strong, and let me know if you have any more questions.  I'm more than happy to help.

We are so nervous and anxious! I hope everything goes well. Thank you for all your help once again

Posted

601a - Received 19 June 2017

 

Signed a privacy release for a congressional inquiry 7 May.

They called back on the 11th and they were told they are transferring our case and we should call their office back if we don't get a decision in 20 days.

 

Yesterday we got notice online the case is transferred and today notice "case was transfered and new office has jurisdiction". I also get a text this morning saying it is in the initial review, whatever that means.

 

Things are finally moving along! I think I've been having mini anxiety attacks every time we get an update since the congressman's office called. Based off other June cases that were transferred end of april/beginning of may, I think we will have a decision before the end of next week.

Posted
On 5/10/2018 at 9:48 PM, Mansini77 said:

Congrats on your I-601a approval!  So, what's next is the NVC to review all your submitted paperwork: your IV application and Aff of Support.  Once the NVC has completed their review of your case, they will email you they will schedule your consulate interview in Juarez.  You'll probably wait a month or so until the NVC has scheduled your interview.  Once they have, they will email you again with time and date of the interview.  Once you have the interview date, begin to schedule your ASC and Medical appointments a day or two prior of the interview date.  

 

You have some time, so use it to your advantage by getting all your paperwork ready.  The more prepared, the more confidence you/your spouse will have during the interview.  If all goes well, expect to spend 7-10 days in Juarez before you receive your passport with the USA visa stamp at the ASC.  

 

Don't stress out, you and your spouse have overcome the toughest hurdle of the entire visa process with the I601a.  With some mindful preparation, you'll do just fine in Juarez.

 

Good luck!

Thank you for all the information 😌 I got CC May 9th and I called NVC and they just told me I am in line waiting to get an appointment in Juarez. So I’m crossing my fingers I get that email soon. I have a lot of faith and I’m waiting patiently. 🙏🏻🙏🏻

 
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