I-601 Approved but Visa Refused

[fazi73 5]

Hi All, My wife is from Mexico, her waiver was approved in 2017, we went to Juarez April 25th for an interview and they refused to give her visa because she brought her son (was 7 years old) in 1998. Now we need to file another waiver because she brought her own son into the United States who was 7 years old at the time, please be aware of this situation, I am US citizen and our three kids are US citizen but they still refused because eldest (now 27 years old) is not US citizen. I am heart broken, devastated and very sad that it was not approved, our eldest daughter (15 years old) has diabetes and youngest son (9 year sold) has developmental delays and had multiple surgeries, we had all medical records but they still refused it. The person who was interviewed before my wife with the same person (Mexican American agent) approved it even though he crossed the border three times and three arrests including DUI. Wish me luck...... and Good luck to you all, Any advise to comfort me would be highly appreciated, God bless you all.

[Cyberfx1024 7,980]

16 minutes ago, fazi73 said:

Hi All, My wife is from Mexico, her waiver was approved in 2017, we went to Juarez April 25th for an interview and they refused to give her visa because she brought her son (was 7 years old) in 1998. Now we need to file another waiver because she brought her own son into the United States who was 7 years old at the time, please be aware of this situation, I am US citizen and our three kids are US citizen but they still refused because eldest (now 27 years old) is not US citizen. I am heart broken, devastated and very sad that it was not approved, our eldest daughter (15 years old) has diabetes and youngest son (9 year sold) has developmental delays and had multiple surgeries, we had all medical records but they still refused it. The person who was interviewed before my wife with the same person (Mexican American agent) approved it even though he crossed the border three times and three arrests including DUI. Wish me luck...... and Good luck to you all, Any advise to comfort me would be highly appreciated, God bless you all.

Best of luck to you ma'am and your family.

[mommyde5 20]

11 hours ago, fazi73 said:

Hi All, My wife is from Mexico, her waiver was approved in 2017, we went to Juarez April 25th for an interview and they refused to give her visa because she brought her son (was 7 years old) in 1998. Now we need to file another waiver because she brought her own son into the United States who was 7 years old at the time, please be aware of this situation, I am US citizen and our three kids are US citizen but they still refused because eldest (now 27 years old) is not US citizen. I am heart broken, devastated and very sad that it was not approved, our eldest daughter (15 years old) has diabetes and youngest son (9 year sold) has developmental delays and had multiple surgeries, we had all medical records but they still refused it. The person who was interviewed before my wife with the same person (Mexican American agent) approved it even though he crossed the border three times and three arrests including DUI. Wish me luck...... and Good luck to you all, Any advise to comfort me would be highly appreciated, God bless you all.

I am so sorry about what's happenning to your family. I can't even imagine how devastating that must be. I heard that before. When a mother or father brings their kids with them they still consider it smuggling people into the country even though they're your own kids and smuggling is a felony. The 601a doesn't cover felonies but the 601 and 212 do. In one of those forums where I read about it, the person said it took around 6 months for those documents to process but at her next interview she was accepted. Good luck! I hope this get resolved soon.  

[fazi73 5]

@ mommyde5, Thank you very much for the update, my attorney said if Juarez field office accepts our case then it could take up to 3-4 months, but if they don't then we have to file with USCIS and that could take up to 13 months. Hoping for the best!!!!

[KATIA1989 3]

Hi!

I understand exactly what you're going through, but i really think everything will be ok.  Same situation happened to my mother, she left for her interview in Juarez  after her now husband petitioned her. At the interview she was asked with whom she had EWI to which she answered with my younger brother (now 25) when he was 8 years old. She had with her waiver 601a, but since she had new grounds of inadmissibility (illegal smuggling of a minor, who was her son) she now needed waiver 601. Her lawyer sent the waiver from the US which took around 9 months to get approved, my mother waited with her family in Mexico during this time, until she received a letter that the waiver had been approved and a few days later she received her visa packet, no further interview was needed. 

I hope this gives you some peace of mind, best wishes. 

 

 

Edited May 8, 2018 by KATIA1989

[sinfronteras 1]

Hi. I am on the same boat. About the smuggling waiver, any idea how the letter should be? Example, what to mention, etc. That will help a lot with our case. thanks in advance

[fazi73 5]

On 5/8/2018 at 1:02 AM, KATIA1989 said:

Hi!

I understand exactly what you're going through, but i really think everything will be ok.  Same situation happened to my mother, she left for her interview in Juarez  after her now husband petitioned her. At the interview she was asked with whom she had EWI to which she answered with my younger brother (now 25) when he was 8 years old. She had with her waiver 601a, but since she had new grounds of inadmissibility (illegal smuggling of a minor, who was her son) she now needed waiver 601. Her lawyer sent the waiver from the US which took around 9 months to get approved, my mother waited with her family in Mexico during this time, until she received a letter that the waiver had been approved and a few days later she received her visa packet, no further interview was needed. 

I hope this gives you some peace of mind, best wishes. 

 

 

Thanks Katia1989, I hope they accept it at Juarez and let her in asap.

[fazi73 5]

On 5/13/2018 at 1:38 PM, sinfronteras said:

Hi. I am on the same boat. About the smuggling waiver, any idea how the letter should be? Example, what to mention, etc. That will help a lot with our case. thanks in advance

Oh I am so sorry to hear that, well i would suggest to get an attorney, they know how to prepare the waiver in certain way, especially the waiver cover/summary letter explaining the situation is very important. Anyways I had to write a letter to show extreme hardship on me and my US citizen kids, wife had to write a letter showing extreme hardship on all of us and why she had to bring her son along, I got letters from my daughter's high school and my son's elementary school, also from doctor and therapists, all the medical reports for my kids especially the youngest boy 9 goes to school with special needs. I can email you the format, all you have to do is fill the names and modify according to your situation.

 

My wife brought one with her and now three innocent kids are suffering without MOM, is that a real justice? Yeah right........

 

Thanks, May GOD help us all. 

[Boiler 46,362]

On 13/05/2018 at 12:38 PM, sinfronteras said:

Hi. I am on the same boat. About the smuggling waiver, any idea how the letter should be? Example, what to mention, etc. That will help a lot with our case. thanks in advance

You said in the other thread you had a Lawyer?

 

As far as I am aware all waivers go through the lockbox, generally speaking there is not a waiver for smuggling except in a few limited close family circumstances.

[sinfronteras 1]

4 hours ago, fazi73 said:

Oh I am so sorry to hear that, well i would suggest to get an attorney, they know how to prepare the waiver in certain way, especially the waiver cover/summary letter explaining the situation is very important. Anyways I had to write a letter to show extreme hardship on me and my US citizen kids, wife had to write a letter showing extreme hardship on all of us and why she had to bring her son along, I got letters from my daughter's high school and my son's elementary school, also from doctor and therapists, all the medical reports for my kids especially the youngest boy 9 goes to school with special needs. I can email you the format, all you have to do is fill the names and modify according to your situation.

 

My wife brought one with her and now three innocent kids are suffering without MOM, is that a real justice? Yeah right........

 

Thanks, May GOD help us all. 

Our lawyer  sent us examples of hardship waiver letters for 10 years bar, but none include smuggling. That would be great if you can send me that format. I can sent you also copy of the sample letters the lawyer sent me, and the letter that I made for the case, for you to check. I feel is a great letter with solid arguments, but I really need to see an approved letter for a smuggling case, to be pretty sure that we are going on the right path.

 

Blessings.

[Boiler 46,362]

Hardship waivers are not in the main focussed on the actual issue, they are mostly generic and may touch on the cause a visa was needed.

[fazi73 5]

15 hours ago, sinfronteras said:

Our lawyer  sent us examples of hardship waiver letters for 10 years bar, but none include smuggling. That would be great if you can send me that format. I can sent you also copy of the sample letters the lawyer sent me, and the letter that I made for the case, for you to check. I feel is a great letter with solid arguments, but I really need to see an approved letter for a smuggling case, to be pretty sure that we are going on the right path.

 

Blessings.

Hardship is the key to I-601 waiver approval + you need to explain why you had to bring your child or children with you, In our case my wife was a single mother and her Mom was old and siblings had their own families to take care and daily struggle to feed their own kids, so there were no one to take care of her son, his father was out of the picture when he was few months old. You need to explain why you could not leave your child behind, acknowledge your action, humbly apologize and ask for approval.

My email is fhanif73@gmail.com , Thanks

[Jawaree 718]

Sorry for your plight , however that is seen as smuggling a person into the countrty (although her kid)  there are some leinency  with

a person own underage kid on a case by case basis that should have been addressed by tour atty....If all issues is not included on an

I 601 approval, another have to be applied for if other issues are found....Please never focus on another applicants case when looking

about your case just focus on your issues & not what they got lest you become confused & conflicted....Good Luck

[sinfronteras 1]

On ‎5‎/‎8‎/‎2018 at 2:02 AM, KATIA1989 said:

Hi!

I understand exactly what you're going through, but i really think everything will be ok.  Same situation happened to my mother, she left for her interview in Juarez  after her now husband petitioned her. At the interview she was asked with whom she had EWI to which she answered with my younger brother (now 25) when he was 8 years old. She had with her waiver 601a, but since she had new grounds of inadmissibility (illegal smuggling of a minor, who was her son) she now needed waiver 601. Her lawyer sent the waiver from the US which took around 9 months to get approved, my mother waited with her family in Mexico during this time, until she received a letter that the waiver had been approved and a few days later she received her visa packet, no further interview was needed. 

I hope this gives you some peace of mind, best wishes. 

 

 

Hi Thanks for your post. Would be great if you let us know how was the waiver letter about. Thanks.

[Boiler 46,362]

A waiver is much more than a letter, it is a package.