I 601 Waiver Processing Times

[vikaare 0]

Hi everyone!

My husband had his interview in Juarez 4/10, which denied for misrepresentation. He doesn't have any criminal record, no issues whatsoever. He was denied over something he said 12 years ago.

They are requiring him to get another waiver I 601. We were approved for I 601A previously.

I was curious as to your experiences in this situation. How long is this really taking? What are the chances of it being denied. How long does it take for him to be able to come back home after approval.

Thank you

 

[geowrian 22,337]

If somebody is deemed inadmissible for anything other than unlawful presence, the I-601A no longer is valid and they need an I-601 for both the unlawful presence bar as well as the other inadmissibility.

Timeline-wise, this varies heavily but I think current timelines are closer to a year or so. If approved, he will likely need a new medical as well. Barring anything undisclosed issue with his case, he should not have trouble re-entering the US on the immigrant visa.

 

Whether the waiver is approved or not depends on the specifics of the hardship(s) shown in the waiver case. It's not a chance-based system.

[vikaare 0]

1 minute ago, geowrian said:

If somebody is deemed inadmissible for anything other than unlawful presence, the I-601A no longer is valid and they need an I-601 for both the unlawful presence bar as well as the other inadmissibility.

Timeline-wise, this varies heavily but I think current timelines are closer to a year or so. If approved, he will likely need a new medical as well. Barring anything undisclosed issue with his case, he should not have trouble re-entering the US on the immigrant visa.

 

Whether the waiver is approved or not depends on the specifics of the hardship(s) shown in the waiver case. It's not a chance-based system.

I understand that the I 601A is no longer valid, but I was just curious if I have a good chance of the I601 to be approved since the precious one was. 

 

What avout the expedite? Is there a lot of success with that?

 

would contacting a congressman or senator help?

[geowrian 22,337]

Just now, vikaare said:

I understand that the I 601A is no longer valid, but I was just curious if I have a good chance of the I601 to be approved since the precious one was. 

 

What avout the expedite? Is there a lot of success with that?

 

would contacting a congressman or senator help?

A waiver done within the US and for only unlawful presence is, IMHO, a lower bar for approval than one obtained abroad and for misrepresentation. I would say it's a good sign the old one is approved, but I do think it's a higher bar. Again, I wouldn't say to let this discourage you...it's not a chance-based system so showing a strong case works for the I-601A just as well as the I-601.

 

You can request an expedite if you meet the criteria (https://www.uscis.gov/forms/expedite-criteria) and can provide sufficient evidence of meeting it. They do take it pretty seriously (or else almost everybody would get an expedite, which is not the case by far), but there's no harm requesting an expedite if you feel you have a case meeting any of those criteria.

 

They can submit a service request or expedite request for you, but cannot affect the decision. They shouldn't be able to speed it up either, although if your case is taking longer than average, a little prodding may help get an update. The issue is there's a lot of other cases pending adjudication, so there needs to be a strong reason for them to take your case before somebody else's, which is where the expedite criteria comes into play.

 

Best wishes!

[Boiler 45,525]

14 months or so seems the current time line, does speed up and slow down.

 

Very unusual for a well prepared waiver not to be approved.