Forum	Title	Content	Member	Sex	Country	Date/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)	People who filed the I-601 and currently in the US	I am a little confused by your posts. How did your spouse originally enter the US? This change should not affect your case if you are eligible for processing in the US. If not at this point it will not be of much help either since its a proposed rule change that will not take effect until most likely late this year. If you have already processed I130 been approved and filed the I601 stateside if you are eligible then your case will take the normal route and remain unaffected by this. If you filed the I601 in error thinking you could adjust your spouse stateside without spouse leaving country that poses another issue if the I601 is denied. They could place your spouse in proceedings and deport or issue NTA. Not good. From your posts it seems as though you filed I-601 form but there is no mention of "evidence". Did you include evidence to prove hardship? My husband as stated previously entered without inspection. I did file the adjustment of status, and the I-601 as stated before while my husband was stateside and was obviously denied. And of course, I did submit evidence, though I did not feel compelled to divulge the evidence submitted because I was not here to ask for help in the forum, but understanding, and prayers. "If you filed the I601 in error thinking you could adjust your spouse stateside without spouse leaving country that poses another issue if the I601 is denied. They could place your spouse in proceedings and deport or issue NTA. Not good." We have addressed this issue, we consulted with several lawyers after receiving the denial letters for all of the forms submitted, and were given the following choices, and possible outcomes: 1. We could apply for Green cards in Canada and relocate our family. 2. We could wait four more years until my husband has been in the United States for ten years, and pray that nothing happens to him during that time period (not letter of deportation, hope that his file is left on a shelf, hope he gets in no accidents, or in trouble with the law) and then ask for a hearing with an immigration judge (as after presence for ten years the judge can based upon good character, then and their in court grant a pardon) 3. Husband could relocate to Honduras, I apply again, and hope that 1-601 waiver will be accepted. (during which time I will have to document my anxiety, depression, and lack of focus due to stress while here in the US, and my husband in Honduras) The lawyers all told me the same thing, since we have filed the papers, and our information is in the system there is a possibility that an deportation proceedings could start at any time. Now, again since you may be asking, why they where filed, I will tell you the honest truth, my husband did not believe me or the lawyer during the first round of consultations that he had to leave in order to finish the process (this friend, that friend, their experiences). So I filed the paper work in order to "save" us money, which in the end was about 2k wasted because of the denials, but then again, maybe it was money well spent, because now, even if this amendment to the law, is not in affect until the end of the year, it has bought me time, and hope with my husband and my daughter. It has allowed me to make accept a better job offer, because even though I am stressed, I think I could handle knowing that my husband and child will only possibly be gone a few months instead of a few years. What many people don't know, and I will share this with you is that my husband and I decided that in the best interest of our family, it would be wise to let my child go with my husband back to Honduras when he left, because I could work, send money, and they would have everything they needed (home wise, and economically, school wise-obviously not emotionally). Because, as a wife and mother, I could not see myself struggling here, accepting welfare, or having to move and leave a good paying job I had just because I loved a person who crossed a border as a foolish young man who wanted to escape a life that made no sense to him anymore. I got pregnant out of wet lock, but choose to have and love my baby. I choose to stay with a young man who I hardly new, but grew to love and respect, and who I have taught that no matter what to never give up on his dream of a better life for himself or for his family. Two wrongs don't make a right, and my husband adores our daughter, and loves me so much, and I him. We have faith in our God who despite all of our human error has helped us grow closer together during these hard times of decision making. But I believe, and have been shown time and time again, that If I have faith, that God's mercy and greatness will always triumph over humanity's erroneous ways. Its no ones business, but my husband left Honduras, because he was depressed and wanted to escape his life, because his long time girl friend aborted his baby, and he wanted to never see her again for taking away his child. With that said, I think I have said enough. My hope is that my case will inspire others to hope, and to continue to love despite obstacles that cross ones path. there are many things in life that are not good, and I have suffered many hardships, from being an abused child to being a foster kid, but I think this immigration issue is the hardest thing I have had to deal with but we press on, because even though things are tough, it is no excuse not to try to make things right. ~Jen	pkliberty78	Female	Honduras	2012-01-17 14:27:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	People who filed the I-601 and currently in the US	This is truly a blessing! This will keep my family together, so for my husband, daughter, and I this is a God send in a time when we where planning on being separated for 6 months to at least 1 year, or possibly more. I cannot thank God enough for answering our prayers, nor give enough thanks for all of those who have been praying for my family. All I can think of is the bible verse, "...ask,and it shall be given unto you, seek and ye shall find..." I have asked God over the past year, not for a full haul of immigration reform because I understand the costs to society, and the future costs to our ever failing government systems in place already. But what I have prayed for is for something, that would allow the law to be more merciful, and understanding to the relationship between a husband and a wife. And this proposal will do that, not just for me, but for many others in the same or similar situations. Thank you LORD!!! http://www.americani...nd-10-year-bars Proposed Rule Change Will Unify Families Subject to 3 and 10 Year Bars Released on Fri, Jan 06, 2012 Washington D.C. - Today, U.S. Citizenship and Immigration Services (USCIS) announced a proposal to streamline the application process for the spouses and children of U.S. citizens currently eligible for legal permanent resident status, minimizing the amount of time that applicants would have to be separated from their families. Under current procedures, thousands of persons who qualify for legal status must leave the U.S. to obtain their permanent resident status, but as soon as they leave, they are immediately barred from re-entering for 3 or 10 years if they have been unlawfully present in the U.S. for more than 180 days. Many are eligible for a family unity waiver, but under current rules (not law), the waiver can only be applied for from overseas. Because that process can often take many months and even years, it is believed that many otherwise eligible applicants do not apply for legal permanent resident status, remaining unauthorized in the U.S. rather than risk lengthy separation from their families. Published in the Federal Register today, the proposal—or, at this point, a “notice of intent to issue a rule”— recognizes this Catch-22 by revising the procedures for determining the family unity waivers for spouses and children of U.S. citizens. However, the rule change will not cover spouses and children of legal permanent residents. Under this “in-country processing” proposal, which must still go through the formal rule-making process, spouses and children of U.S. citizens who apply for legal permanent residence and need a family unity waiver to re-enter the U.S. will be allowed to apply for the waiver without first leaving. This process does not alter or revise eligibility standards and only affects persons whose sole need for a waiver is based on having been in the U.S. without authorization. This “in-country processing” proposal would permit USCIS to grant a provisional waiver, eliminating the often prolonged wait that many applicants currently face when they seek a waiver outside the U.S. Although applicants would still be required to depart from the U.S. before receiving final approval on their application, pre-processing of the family unity waiver will encourage applicants to come forward and create a faster and safer means for processing applications. The emphasis on safety is particularly important, given the large number of applications processed in Ciudad Juarez, Mexico, a city that has been wracked with violence in recent years. Numerous cases of violence against persons waiting for their waivers have been reported, increasing the urgency of implementing the new rule quickly. For other applicants, the streamlined process will minimize the time away from family members, reducing the possibility of economic and other hardships caused by long separations. Our current immigration laws are riddled with inconsistent and conflicting provisions which have the absurd result of discouraging legal immigration. Some of the most notorious are the bars to returning to the U.S. after a period of unlawful presence, even if a person has a legitimate relationship to a U.S. citizen. Today's announcement does not eliminate the bars, but it recognizes that there is no practical reason for forcing the spouses and children of U.S. citizens to wait outside the country for months or even years while their application for a waiver is pending. According to Benjamin Johnson, Executive Director of the American Immigration Council, “By proposing new rules for processing waiver applications for spouses and children of U.S. citizens, USCIS has shown a commitment to addressing one of the most notorious implementation problems in our current immigration system. Improving this system, within the framework of the law, is the legitimate role of any administration. We commend USCIS for embarking on this rule change and its other attempts to bring efficiencies and fairness to the immigration system.”	pkliberty78	Female	Honduras	2012-01-17 01:33:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	People who filed the I-601 and currently in the US	I just got the RFE in the mail today Although disappointed I did expect this. Any help here would be great. I'm not sure if I have messed up all of this stuff or not. If anyone can give advice: I filed the I-485/I-601/I-765 together and paid all forms together with one cashier check (I have copies). I have received payment receipts for all forms submitted. I will have no supporting evidence for the I-485 that I filed for my husband. My question is if I send a letter and the I-485A form filled to the best of my knowledge with copies of receipt for the I-601, when the I-485 is denied will the I-601 then be processed? Will I have to re-pay the I-485, or file a I-290B and pay the fee to have the I-485 appealed and re-opened? A bit confused, and obviously with out the funds to hire a lawyer Any advice greatly appreciated. Edited by pkliberty78, 11 October 2011 - 04:11 PM.	pkliberty78	Female	Honduras	2011-10-11 16:11:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	People who filed the I-601 and currently in the US	just checkng iin, i am expexting a RFE in the mail any day now for the I-485 i filed on 09-18-11. - I checked on the uscis.gov site for case update. I am not sure what to expect since i filed the I-601 along with the I-485. Any advice from anyone with similar experience? I have no idea what to eeexpct other than maybe they want evidence of marriage?	pkliberty78	Female	Honduras	2011-10-09 21:46:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	People who filed the I-601 and currently in the US	Filed I-601 waiver along with I-485, I-765 for my husband on 9/18/11. I got text message on 9/23/11 with NOA numbers. I am hoping that the letter I sent had enough supporting evidence. I wrote the letter myself after researching and reading several examples of approved hardship letters. I feel like I did my best in being genuine, I pray that it was enough because I love my husband and my daughter so much that I cannot fathom being separated from my husband, nor see my child suffer in his absence.	pkliberty78	Female	Honduras	2011-09-25 00:28:00
IR-1 / CR-1 Spouse Visa Process & Procedures	March 2010 CR1 filers	I just got home from vacation this morning (Sonora, California---Beautiful!!)...and I got to open our correspondence from the NVC! We are so happy that things are moving along. Now to pay the bills for the process to move along I hope some more March filers got their approvals for 1-130, I am praying for you all ~Jen	pkliberty78	Female	Honduras	2010-07-26 16:10:00
IR-1 / CR-1 Spouse Visa Process & Procedures	March 2010 CR1 filers	I think you have several issues going on here. First off it sounds like your Husband is here illegally. That's not go I in my view. Secondly how would he go back to see his family. I don't think he can just jump on a plane and fly back to Honduras as you need Passports and Visa to travel abroad... I am not an expert here and perhaps I misunderstood what your saying. If he is illegal I am surprised you got an approved NOA2 as the US homeland security supposedly do background checks on applicants. That is what I believe takes so long... But hey what do I know... I am sitting here waiting like almost everyone else. Yeah Tom he is here without inspection, aka illegally. As i said I would ask for him to leave with permission, as in ask for advance parole, which I've found out that he is not eligible so if he wanted to leave it would have to be a voluntary deportation. Husband does have his Honduran passport, as any "unlawfully present" immigrant can go to their consulate and acquire one. I too am surprised that the I-130 was approved so quickly, but then again we do have a child together, and from what I'm reading every case it considered "unique". My worries are in proving extreme hardship in front of a BIA Judge due to not being familiar with how a Judge would interpret and apply the waiver to my specific case. I do know that what I have on my side is that we have a young child who would be psychologically damaged by the separation, I am a U.S. Tax paying citizen, my parents are U.S. Tax paying Citizens, and we are not eligible for “federal means-tested public benefit”. Even though I have learned to speak Spanish with my husband that I'm not comfortable with the thought of leaving the U.S. to seek residence in Honduras. Secondly, I would not be able to complete my B.S., nor do I think my child would be able to get the same education in Honduras that she would be able to attain in the U.S. I know there are some other folks here who might be in the same situation so I've posted some links and quotes from some pages I've found while doing my research. ~Jen ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ *Notes below: http://damascus.usem...gov/ina212.html "How to apply for a waiver of excludability - ‘Unlawful Presence’ An immigrant visa applicant who is ineligible for a visa under INA 212(a)(9)(B) “Unlawful Presence” may not apply for a waiver unless he or she is the spouse or son or daughter of a U.S. citizen or lawful permanent resident (LPR). A waiver under INA 212(a)(9)(B)(v) will be granted in such a case only if the applicant can establish that denial of his or her admission would result in extreme hardship for the U.S. citizen or LPR." *Notes Below: http://www.ilw.com/a...0717-scott.shtm "What are applicable legal arguments for an Application for Waiver of Grounds of Inadmissibility? All arguments for Applications for Waivers of Grounds of Inadmissibility are based on the precept that there is a qualifying relative who will suffer "extreme hardship" if the Alien's admission is denied. "Extreme hardship" is very vaguely defined as greater than the normal hardship the qualifying relative can be expected to experience if the Alien is denied admission. It is important to prove both why the qualifying relative cannot move abroad AND why the qualifying relative cannot simply live in the US without the Alien. It is not enough to say that the qualifying relative will miss the Alien's company as this is considered "normal" hardship, not extreme hardship."	pkliberty78	Female	Honduras	2010-07-10 19:12:00
IR-1 / CR-1 Spouse Visa Process & Procedures	March 2010 CR1 filers	Hello, everyone. So far so Good, our I-130 was approved but we are still waiting for our packet from the NVC. Anyone else who filed in March already receive their forms? Second, I have our mailing address listed which is different from our residence, does the NVC have this same information? Another thought while I have been researching here, we are contemplating filing for a K-3 Visa so my husband can see his family, but re-enter the US legally this time. It has been nearly five years since he's left Honduras. Although our I-130 was approved, I was wondering if it might be faster to have him ask for permission to leave while filing for the K-3 Visa. This is all so new to us. What we are worried about is the wait time after the interview for them to process everything. My husband has friends who keep egging him on that he might get stuck in Honduras for a year or more since he entered with out inspection. Any feed back would be helpful. I am making an appointment for legal help for sometime early next week. Thanks! Edited by pkliberty78, 09 July 2010 - 01:03 PM.	pkliberty78	Female	Honduras	2010-07-09 13:01:00
IR-1 / CR-1 Spouse Visa Process & Procedures	Interview in July	hey I found some information online that you might find useful: "If you do not qualify as a permanent resident, then cancellation of removal as a non-permanent resident may still be available to you even if you are a permanent resident. In order to qualify, an alien must have resided in the U.S. continuously for ten (10) years in any capacity even though the person may have entered the U.S. illegally. You must establish good moral character which includes a strong work history in the U.S. during those years. You must also demonstrate that your removal would result in exceptional and extremely unusual hardship to your qualifying relatives residing in the U.S. While these hardship requirements are very substantial, aliens who have U.S.C. spouses, children, grand children, and parents residing in the U.S. may be eligible for this form of relief. " The url: http://www.sfatty.com/html/relief.html	pkliberty78	Female	Honduras	2010-07-09 21:33:00
IR-1 / CR-1 Spouse Visa Process & Procedures	JULY 2010 NVC PROCESSING...	Hello to all of you! I am so greatful to have found this great resource for support and information. I must say that I am a little lost with some of the lingo and what to expect from this process of trying to keep my family together. So here is my best shot at our situation (if anyone has a simliar situation please post or email me!): We met my husuband (he entered US illegally in Aug. 2005 Without inspection-He is from Honduras)in October 2006, and found out we where pregnant about a month later. On June 30th 2007 we had a beautiful baby girl. We got married on September 28th 2007. Spousal Visa (IR1 / CR1): We have gone forward this year 2010: -I-130 Sent: February 28th, 2010 -I-130 Received: March 1st, 2010 -NOA 1 Receipt date: March 3rd, 2010 -NOA 1 Received: March 8th, 2010 -NOA 2 Reciept date: June 29th, 2010 -NOA 2 Recieved: July 2nd, 2010 APPROVED!! I'm not sure as to what is going to happen next. My NOA says that the NVC will contact me next, but my husband and I am concerned about him having to leave and wait for the adjustment of status to clear. Our paralegal who is filling out the forms for us says he will have to leave the country for his interview. I dont know how I will explain this to our three year old daughter if and when this time comes.	pkliberty78	Female	Honduras	2010-07-03 19:34:00