My husband needs to file a 601 and a 212

[Vazquez520 8]

PD 3/6/17

I130 Approval 11/21/17

NVC received 1/5/18

So right now we are in process of waiting for NVC giving us case number.

So I see a lot of people doing the waivers before the interview.  Our interview will eventually be in Juarez but my lawyer is telling us that we are going to do the interview and when we get denied then that's when we will do the waivers.  My husband got a voluntary deportation and he turned around and came right back in 2001.  He was caught and got deported in 2002.  He never returned and has lived in Mexico since then. But I guess I'm just wondering why the lawyer wants to do the interview first and then do the waivers.  I think doing the waivers first makes more sense but then they do this all the time.  I guess I can ask them.  But just wanted to see what you guys had to say.

[Boiler 45,486]

So he has done his 10 years and will need a I 601, not sure he needs a I 212 but same deal anyway.

 

Your lawyer is correct the waiver is filed after he is refused. Seems to be taking a bit longer currently, but guessing future processing times is just that.

[Hypnos 6,576]

Sounds like 9C but as stated he's done the 10 years outside the US so can file for a waiver once he's actually been refused. 

[LoveMyTico 999]

If he's out of the US, the waiver gets filed after a refusal. The waivers being sent before the interview are the 601a waivers they file while still in the U.S..  

Your lawyer is correct. You'll need the denial paper from the interview to include with the waiver. Looks like You'll need the I601 and I21

[Vazquez520 8]

OK thanks makes sense now when to file.  Thanks

 

[Franco007 27]

On ‎1‎/‎15‎/‎2018 at 6:28 PM, Vazquez520 said:

PD 3/6/17

I130 Approval 11/21/17

NVC received 1/5/18

So right now we are in process of waiting for NVC giving us case number.

So I see a lot of people doing the waivers before the interview.  Our interview will eventually be in Juarez but my lawyer is telling us that we are going to do the interview and when we get denied then that's when we will do the waivers.  My husband got a voluntary deportation and he turned around and came right back in 2001.  He was caught and got deported in 2002.  He never returned and has lived in Mexico since then. But I guess I'm just wondering why the lawyer wants to do the interview first and then do the waivers.  I think doing the waivers first makes more sense but then they do this all the time.  I guess I can ask them.  But just wanted to see what you guys had to say.

 

Yes your lawyer is correct, you need a visa refusal before you file the waiver. if he is lucky been that he has completed his 10yrs ban the embassy staff may help him file the waiver and that gets approved faster. I have seen that done before.

[Boiler 45,486]

4 hours ago, Franco007 said:

 

Yes your lawyer is correct, you need a visa refusal before you file the waiver. if he is lucky been that he has completed his 10yrs ban the embassy staff may help him file the waiver and that gets approved faster. I have seen that done before.

Waivers are filed with the Lockbox.

[Franco007 27]

14 hours ago, Boiler said:

Waivers are filed with the Lockbox.

Yeah i know that....

The embassy in Nigeria, filed a waiver on behalf of a close family member after she was granted visa and they found out she needed a waiver to enter the United States due to her prior unlawful stay. So she was lucky she didn't have to go through the process herself. She has been out of the U.S voluntarily for more than 8yrs before applying for a nonimmigrant visa which they approved and filed a waiver on her behalf.

[Boiler 45,486]

3 minutes ago, Franco007 said:

Yeah i know that....

The embassy in Nigeria, filed a waiver on behalf of a close family member after she was granted visa and they found out she needed a waiver to enter the United States due to her prior unlawful stay. So she was lucky she didn't have to go through the process herself. She has been out of the U.S voluntarily for more than 8yrs before applying for a nonimmigrant visa which they approved and filed a waiver on her behalf.

The NIV process is different.

[Franco007 27]

8 minutes ago, Boiler said:

The NIV process is different.

Same process my dear, i tried that for my spouse and the embassy said to just file IV for her as she will go through same waiver process for NIV. My family member was just lucky she had the interview with someone who felt like helping her because they already made the mistake of approving a visa for her.

 

I work for DHS and will tell you that some cases/processes are decided by discretion by the officer in charge.

Edited January 17, 2018 by Franco007

[Boiler 45,486]

38 minutes ago, Franco007 said:

Same process my dear, i tried that for my spouse and the embassy said to just file IV for her as she will go through same waiver process for NIV. My family member was just lucky she had the interview with someone who felt like helping her because they already made the mistake of approving a visa for her.

 

I work for DHS and will tell you that some cases/processes are decided by discretion by the officer in charge.

Iv and NIV are very different processes.

Edited January 17, 2018 by Boiler

[Franco007 27]

1 hour ago, Boiler said:

Iv and NIV are very different processes.

These statements from USCIS and DHS are part of the reason i said they are same. They all go through DHS and in accordance of INA, so i believe they are same.

Also the waiver process is just to review each applicant to see if they have overcome their ineligibility whether it is IV or NIV.

The only thing i think is different is processing time and discretionary expeditious processing.

 

"The NBC receives Forms submitted by applicants from the Lockbox. In general, a
lockbox is a post office box used by organizations to accelerate the collection
of receivables". 

 

"If you have been found ineligible to receive a nonimmigrant visa under U.S. immigration law and have been advised that a request for a waiver of ineligibility is being submitted on your behalf, you can expect your application to take at least six months from the date of the visa interview; in some cases it can take up to eight months".

 

"All U.S. Missions adhere to the same rules and regulations under U.S. laws.  There is no special waiver program employed at any U.S. Embassy or Consulate in the world.  Neither the Ambassador nor the consular officer can waive an ineligibility without approval from the Department of Homeland Security.  All visa applications, regardless of origin, are reviewed individually in accordance with the requirements of the Immigration and Nationality Act and other relevant laws that establish standards for determining eligibility for visas and admission to the United States".

 

I might be wrong but these are my reasons.

 

 

[Boiler 45,486]

lots of good information on  vj and elsewhere about the waiver process.

[Franco007 27]

2 minutes ago, Boiler said:

lots of good information on  vj and elsewhere about the waiver process.

Sure!