Filing I-601 Prior to Consular Adjudication

[ws1889 19]

Hi,

 

I just met with a law office where they mentioned it's possible to file an I-601 prior to consular adjudication. She said it could save time, but warned that if I get an RFE, I will just have 60 days to submit the consular's inadmissibility decision.  Has anyone heard of doing this before? Curious to hear your thoughts.

[Boiler 45,525]

Always my understanding it is not possible, I have only once seen it mentioned this was possible 

 

From a practical perspective the CO determines what issues need a waiver or not

[JeanneAdil 6,511]

it is filed because u are found inadmissable for a visa  /  the CO would determine inadmissibility during interview

 

https://www.uscis.gov/i-601

 

 If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility. Please refer to the instructions to determine whether you should use this form.

[ws1889 19]

12 hours ago, Boiler said:

Always my understanding it is not possible, I have only once seen it mentioned this was possible 

 

From a practical perspective the CO determines what issues need a waiver or not

I see - due to an overstay, I can't imagine the consulate not requiring the waiver.

 

10 hours ago, JeanneAdil said:

it is filed because u are found inadmissable for a visa  /  the CO would determine inadmissibility during interview

 

https://www.uscis.gov/i-601

 

 If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility. Please refer to the instructions to determine whether you should use this form.

I am confident the visa applicant will be found inadmissible. The attorney recommended I file the I-601 once the visa interview has been scheduled to save time.

Edited February 19, 2022 by ws1889

[JeanneAdil 6,511]

7 hours ago, ws1889 said:

I see - due to an overstay, I can't imagine the consulate not requiring the waiver.

 

I am confident the visa applicant will be found inadmissible. The attorney recommended I file the I-601 once the visa interview has been scheduled to save time.

Where do I send Form I 601?

 

If you are outside the United States, you must file Form I-601 with the U.S. embassy or consulate where you apply for a visa

 

This is how to handle it

not sure how u would do this ahead of the petition and NVC stage as u will have no case # to assign to the waiver

and documents get lost when they can't be Identified as to case and petitioner name 

 

Please do a timeline so we ,  at least know where u are in the process

 

and if u trust your lawyer,  do as he says but if u are not yet found inadmissible,  then how can a waiver for that help at this stage?

[ws1889 19]

52 minutes ago, JeanneAdil said:

Where do I send Form I 601?

 

If you are outside the United States, you must file Form I-601 with the U.S. embassy or consulate where you apply for a visa

 

This is how to handle it

not sure how u would do this ahead of the petition and NVC stage as u will have no case # to assign to the waiver

and documents get lost when they can't be Identified as to case and petitioner name 

 

Please do a timeline so we ,  at least know where u are in the process

 

and if u trust your lawyer,  do as he says but if u are not yet found inadmissible,  then how can a waiver for that help at this stage?

Hi, I believe the process on where to file the I-601 has changed. The lawyer explained it to me as basically the earlier the receipt date the quicker the processing, and that an RFE wouldn't really delay the case that much. The new policy says,

 

"Beginning June 4, 2012, immigrant visa applicants who are applying for a waiver of a ground of inadmissibility from outside the United States will file the Form I-601, Application for Waiver of Grounds of Inadmissibility, by mail with a USCIS domestic Lockbox facility, rather than with a USCIS international field office, or a U.S. Embassy or Consulate. The Lockbox facility will send all Form I-601 applications submitted by international filers to the USCIS Nebraska Service Center (NSC) for adjudication.

 

USCIS international field offices that accept Form I-601 filings by appointment will no longer schedule new appointments for filing Form I-601."

 

https://www.uscis.gov/forms/centralized-filing-and-adjudication-for-form-i-601-application-for-waiver-of-grounds-of

[JeanneAdil 6,511]

1 hour ago, ws1889 said:

Hi, I believe the process on where to file the I-601 has changed. The lawyer explained it to me as basically the earlier the receipt date the quicker the processing, and that an RFE wouldn't really delay the case that much. The new policy says,

 

"Beginning June 4, 2012, immigrant visa applicants who are applying for a waiver of a ground of inadmissibility from outside the United States will file the Form I-601, Application for Waiver of Grounds of Inadmissibility, by mail with a USCIS domestic Lockbox facility, rather than with a USCIS international field office, or a U.S. Embassy or Consulate. The Lockbox facility will send all Form I-601 applications submitted by international filers to the USCIS Nebraska Service Center (NSC) for adjudication.

 

USCIS international field offices that accept Form I-601 filings by appointment will no longer schedule new appointments for filing Form I-601."

 

https://www.uscis.gov/forms/centralized-filing-and-adjudication-for-form-i-601-application-for-waiver-of-grounds-of

but not before u have a case # or have been found inadmissible for the visa

and yes,  the quicker the I 601 is sent in the better

but he has no case # for it yet 

it will sit on a desk waiting for 2 years and end up lost in a shuffle of paperwork

[ws1889 19]

On 2/19/2022 at 11:27 PM, JeanneAdil said:

but not before u have a case # or have been found inadmissible for the visa

and yes,  the quicker the I 601 is sent in the better

but he has no case # for it yet 

it will sit on a desk waiting for 2 years and end up lost in a shuffle of paperwork

Yes, definitely good points. My attorney gave me two options (send now before or wait), so I'll probably defer for the more cautious option. I appreciate your help!