ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)EXTREMELY ANNOYED!
You need to make LOTS of noise. Contact Hillary's office, tv, major newspaper, etc. Think outside the box.
spookyturtleMale02010-06-16 10:17:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I-601 Processing Times through Panama?
There is another member here who filed thru Panama and it has been a nightmare of mistakes. Her name here is
Panamania79.

Edited by spookyturtle, 02 October 2009 - 11:49 PM.

spookyturtleMale02009-10-02 23:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa denied for supposed false declaration of US citizenship
Somtimes a waive thru is done at the border, no documents are checked. This still counts as an illegal entry for an undocumented person. In this case, it sounds to me like she admitted at the interview that she claimed to be a citizen when she entered in 2001.
spookyturtleMale02009-07-30 03:01:00
Waivers (I-601 and I-212) and Administrative Processes (221g)K1 recipient didn´t overstay but did work unauthorized on B2

S.: I continue to feel your pain. Laurel Scott refused to tell me whether she had experience with Guayaquil & was quite dismissive of my questions, so consider avoiding her. Did I send you the contact poop on the big firm that was supportive to me, including the attorney there who used to be a vice-consul in Caracas? If not, send me a PM.


No lawyer is perfect, but you will find that an overwhelming majority will recommend Laurel as one of the top waiver lawyers in the country, including other lawyers.
spookyturtleMale02010-03-30 02:07:00
Waivers (I-601 and I-212) and Administrative Processes (221g)How does I-94 and overstay time work

It is my understanding that the US gov't doesn't check the credentials of those leaving the US, including those holding I-94 forms. How is it that these forms and departure dates get recorded with the US government?


Don't you have to show your ID to get on the plane? The airlines have the name of every passenger on the flight. Even if they don't collect the I-94, they know when you leave.
spookyturtleMale02010-03-19 01:38:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please advise
QUOTE (doctor795 @ Nov 22 2009, 06:55 PM) <{POST_SNAPBACK}>
Hi,
I submitted my I-601 waiver on October 19, 2009, to US embassy Islamabad which I was told will be sent to New Delhi for decision. I was told it is taking about 6 months to get an answer on the waiver. Can some one share their recent experience with me please, regariding I-601 waiver through New Delhi. Also is there a way to track it online, now that the waiver is submitted? Any information is greatly appreciated.
Kind regards,
SA


Check out immigrate2us.net and see if there is any info over there. It is the best site for waivers.
spookyturtleMale02009-11-23 19:20:00
Waivers (I-601 and I-212) and Administrative Processes (221g)She came K1 with another man...but it wasn't happily ever after....until ME!
QUOTE (Boiler @ Nov 20 2009, 01:03 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Nov 19 2009, 10:47 PM) <{POST_SNAPBACK}>
QUOTE (Boiler @ Nov 19 2009, 09:16 PM) <{POST_SNAPBACK}>
QUOTE
There's still been no mention of any actual hardship. Only the willingness of the petitioner to live abroad. IMO, that indicates there IS no hardship. I'll grant that's only a present tense statement and that circumstances change.


That is NOT how waivers work.


Now there's a statement full of helpful information. Would you care to elaborate?


http://www.scottimmi...et/I601Memo.pdf


A consult with Laurel is well worth the price. She will tell you up front what she feels your chances are. She will analyse your hardships and make them work the best way possible for you. No two waiver cases are alike. You need a strong waiver package to make your hardships work for you. There is no set, standard list of hardships. You have to present your hardships in the best way possible. Check out the immigrate2us.net. You will find that to be the best site on the internet for waivers. The people there are very helpful. It takes a lot of time and effort to go thru this process. You need to talk to a good lawyer who specialize in waivers. And someone who has experience filing in China. Besides Laurel Scott and Heather Poole, you make also want to talk to Carl Shusterman. The legal fees will be quite hefty. Probably a minimum. of $7500, plus filing fees.

Talk to a good lawyer before making your decison. Pushbrk is advising you that the waiver is not a realistic option without knowing your circumstances or details. And you will find that emt103c is the most knowledgeable person on this forum concerning waivers and she also participates at immigrate2usnet. Good luck and let us know what you find out.
spookyturtleMale02009-11-20 02:57:00
Waivers (I-601 and I-212) and Administrative Processes (221g)She came K1 with another man...but it wasn't happily ever after....until ME!
QUOTE (pushbrk @ Nov 19 2009, 10:48 PM) <{POST_SNAPBACK}>
QUOTE (emt103c @ Nov 19 2009, 07:44 PM) <{POST_SNAPBACK}>
The I-601 waiver is a perfectly valid option for this couple. Like rebeccajo says, they could file as fiancees or as spouses and the waiver is treated the same. I would say that there are probably MANY problems for the OP that could count as Extreme Hardship.

The OP needs to consult a good immigration lawyer and check out www.immigrate2us.net for more information on the waivers. If memory serves me correctly, China isn't even one of the longer 601 processing times. I don't understand why anyone would rule this option out at all. . .

OP, someone else here recommended Laurel Scott for a consultation, she is VERY reliable, you could also consider Heather Poole. Your fiance is facing a ban, but it can be overcome. As for the effect on you that you asked about, the only effect on you is having to live separated for a limited amount of time as well as the stress of the immigration process. You mentioned naturalization. . .please read up on the process here and on www.uscis.gov. The process is much longer than that. As fiancees or spouses (in your case I do recommend you do spousal because she already overstayed one k1 and that may appear suspicious to the CO. . .) you file a petition with USCIS, it goes to the NVC and is processed further and then she is given an interview at the consulate in China. It is at this point she would have to voluntarily leave and at or after the interview she will be denied and required to file the I-601 waiver. You will have to prove that her absence would cause you Extreme Hardship living without her in the United States and that it would be an Extreme Hardship for you to live in China. Many, many people have successfully obtained waivers in much more egregious overstays and even criminal convictions. . .


Varied opinions are always welcome. If the OP wants to try a hardship waiver, he's welcome to do so. I would not recommend it in this situation, as I would expect it to fail. While there COULD be hardships, they need to be severe. Somebody willing to live abroad with their spouse for several years is pretty much the prime example of somebody who would NOT QUALIFY for a hardship waiver. Opinions vary.


Just because one is willing to live abroad doesn't mean that it wouldn't be an extreme hardship to do so. Do a little research and you will find many couples who did live together outside the US during the waiver process and were approved. Naturally some countires are more difficult to get waivers in than others. That's why you interview lawyers before you hire one. You need one who has experience filing in the country that applies to you.

Your advice is misleading. Even if you are a lawyer, you don't know the particulars of this persons situation.
spookyturtleMale02009-11-20 03:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)She came K1 with another man...but it wasn't happily ever after....until ME!
QUOTE (belinda63 @ Nov 20 2009, 11:39 AM) <{POST_SNAPBACK}>
In addition to the issue of a waiver a lot of people have overlooked the issue of visa fraud. I mean China is a high fraud country and it was my understanding it is hard to obtain a visa from there. So woman comes to US doesn't marry her fiance, lives here illegally for several years, find another man, and wants another visa.

They are going to have a long road to prove this is a real relationship and not just a way for her to get the green card she missed out on the first time.


Quite true, it won't be easy and there are no guarantees of success. Consulting with a good lawyer with experience filing thru China is a must. The relationship and hardships will have to be well documented.
spookyturtleMale02009-11-20 11:47:00
Waivers (I-601 and I-212) and Administrative Processes (221g)consulate in Jerusalem
Can you call the consulate to ask questions about your case? Some consulates have set times each day or x days per week when you can call and speak to someone. I am not surprised that you haven't gotten a response to your emails. When my wife and I went throught the fiance visa/waiver process the consulate never replied to our emails. I sent inquiries by express mail and they were never answered. I got some answers by phone. You need to see if there is any way to make phone contact or an appointment to go to the consulate yourself. Be persistant, don't take no for an answer. Call your congressman or US Senator. Make noise. Keep fighting. Good luck!
spookyturtleMale02009-10-13 20:57:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Which option to choose from?, I have been deported 3 months ago. Left my fiancee in US.
QUOTE (*Len* @ Oct 15 2009, 11:50 AM) <{POST_SNAPBACK}>
The process will be long, tedious, and unfriendly.


Now that's an understatement! Persoally, since you are together now, I would look into getting married now and coming to the US on the CR-1. Being married certainly can't hurt your chances of waiver approval. Again, check out the other site I linked to in your other thread and be prepred to spend many hours reading and learning. Also, check out the lawyers that were suggested. The waiver process is a very trying experience. You are fortunate to be together now. You need to read and learn and begin preparing a good hardship package.
spookyturtleMale02009-10-15 13:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa denied
An overstay of 6 months but less than a year is a 3 year ban. Were you formally deported or did you leave before deportation proceedings began? The consulate will tell you what you need to file. Some will not accept the waiver on at the visa interview appointment, they make you come back, while others will take it the same day. Go to immigrate2us and read up on the process. It is the best site for waivers.
spookyturtleMale02009-10-13 21:09:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I-601 waiver question
QUOTE (frustrated2008 @ Jul 16 2008, 07:29 AM) <{POST_SNAPBACK}>
Thank you all for the replies.

This process is just ridiculous. It took a year just to get the K-1 interview, now anoter year for this?
I dont get it.

I wrote a letter to attach to the I-601 but I dont think it explained any extreme hardship. Since "mere seperation" isnt hardship.

This is just unbelievable in my opinion.


The I-601 form is a miniscule part of the waiver package and is not what is going to get your waiver approved. Also, it is more of a hardship package than it is a letter. Your hardships must be documented. You must provide evidence to prove your hardships. As suggested, go to immigrate2us.net and start researching. You want to make your argument strong, convincing and well documented.
spookyturtleMale02008-07-16 16:22:00
Waivers (I-601 and I-212) and Administrative Processes (221g)health waiver???
immigrate2us.net is the best site there is for waivers. You probably need to do a consult with a GOOD lawyer who has experience with your type of case.
spookyturtleMale02009-10-01 12:57:00
Waivers (I-601 and I-212) and Administrative Processes (221g)do i need a waiver? which one??
Your unlawful presence began to accumulate when you turned 18. I haven't paid close attention for the past year or so as to how strict the enforcement has been for an overstay when one entered legally as a minor. My guess would be that you will need the waiver. It would be the I-601 waiver. Check our immigrate2us.net. It is the best source for waiver information and there is enough there to read to keep you busy for weeks. Waiver proccessing times vary place to place. And you may very well be done with the bar before you complete the waiver process. Look into it carefully before you spend a lot of money with a lawyer. There are a few good lawyers that you could consult with. If you need a few, let us know.

Some consulates allow you to submit the waiver at the visa interview, others do not. You need to research the practices of the conuslate you are dealing with.
spookyturtleMale02009-09-29 23:55:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help-How do I come clean and adjust my status
You may also want to check out this lawyers site. http://www.shusterman.com/

The above mentioned lawyers, Laurel Scott and Heather Poole are both excelllent choices. If they feel they cannot help you, they will let you know up front and suggest someone who can.
spookyturtleMale02009-09-25 18:58:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help My Daughter!
Two top notch lawyers to consult with are Heather Poole at humanrightsattorney.com and Laurel Scott at http://www.scottimmigration.net/. Laurel is one of the best waiver lawyers in the country. Also, read up on the process at immigrate2us.net. It is the best source for waiver information.
spookyturtleMale02009-09-15 19:27:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Curious who has waited the longest for waiver?
There was someone over at immigrate2us that has been waiting for over 3 years. I can't remember who, and that was over a year ago.
spookyturtleMale02009-09-04 00:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa denied at interview due to overstay in USA
What was on the paper given to him by the Consulate? There had to be a reason for denial and why it was not a waivable offense. An overstay is waiveable, there has to be more to it. The conuslate decision paper should list the exact sections of the law that apply to your case. If your lawyer can't answer this for you, get a new one.
spookyturtleMale02009-08-26 17:44:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa denied at interview due to overstay in USA
QUOTE (emt103c @ Aug 26 2009, 08:26 PM) <{POST_SNAPBACK}>
Some consulates are enforcing the rule that if you miss a deportation proceeding (skip your court date as he did) you are not eligible for a waiver for five years. I'm pretty sure what has happened here.


It sure sounds like that, but she said he was banned for 3 years. That doesn't sound right.
spookyturtleMale02009-08-26 23:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa denied at interview due to overstay in USA
QUOTE (rebeccajo @ Aug 27 2009, 12:58 AM) <{POST_SNAPBACK}>
QUOTE (spookyturtle @ Aug 27 2009, 12:05 AM) <{POST_SNAPBACK}>
QUOTE (emt103c @ Aug 26 2009, 08:26 PM) <{POST_SNAPBACK}>
Some consulates are enforcing the rule that if you miss a deportation proceeding (skip your court date as he did) you are not eligible for a waiver for five years. I'm pretty sure what has happened here.


It sure sounds like that, but she said he was banned for 3 years. That doesn't sound right.


His "ban clock" started ticking when he left the US.


The ban clock always starts ticking upon departure from the US. The OP said he was banned for 3 years, which makes sense for an overstay. The ban emt refers to is for 5 years and is non waivable. I don't think there is a non waivable three year ban, and certainly not for an overstay. We need more information to know exactly what is going on here.
spookyturtleMale02009-08-27 00:03:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa denied at interview due to overstay in USA
QUOTE (Vanessa&Tony @ Aug 27 2009, 06:10 AM) <{POST_SNAPBACK}>
QUOTE (NANI AND GIL @ Aug 27 2009, 03:36 AM) <{POST_SNAPBACK}>
I'm a US citizen, and have applied for my husband to come back to the USA, he illegally enter the US in 2000, was arrested and later released with a bond never showed up to the court. Then in 2002 We met and got married. He left the US before I applied for him to come back.He had his interview in Rio De Janeiro and was denied the visa because he overstayed under section 212 BUT they also say they will not accept an Waiver I-601 ? Has anyone had any problems simular to this ? My lawyer has evrything ready to be submited but they will not accept it ! PLEASE HELP sad.gif


QUOTE (NANI AND GIL @ Aug 27 2009, 04:05 AM) <{POST_SNAPBACK}>
On the paper that they gave him at the interview they gave him a bar of 3 years ?They said in August of 2012 he would be able to aply for a visa again.

I just don't get it so does it mean that anyone who overstay here will never be able to come ???


The "3 year ban" sounds like a 3 year ban to apply for the visa... not an entry into the states. Perhaps this ban was enacted because there was a lie on the form? Like maybe he didn't select "visa has been denied" or something like that and his ban is for lying? Again without more info this is only guessing, I'm not meaning to be offensive, that's just what I think based on the limited information.

Anyone who's overstayed does become subject to a ban, over 180 days but under a year is 3 years, and over a year is 10 year ban. I know you can get a waiver for special circumstances (as mentioned by several people) but there definitely seems to be more to this case than is already written.

I wish you luck, I hope you're getting more and better news.


Many forms of misrepresenation can be overcome with a waiver. There has to be a specific reason and section of the law applied by the consulate, if we knew this, it would be much easier to give advice.
spookyturtleMale02009-08-27 17:59:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa denied at interview due to overstay in USA
QUOTE (anitacastillo @ Aug 27 2009, 10:51 PM) <{POST_SNAPBACK}>
QUOTE (NANI AND GIL @ Aug 26 2009, 11:05 AM) <{POST_SNAPBACK}>
On the paper that they gave him at the interview they gave him a bar of 3 years ?They said in August of 2012 he would be able to aply for a visa again.

I just don't get it so does it mean that anyone who overstay here will never be able to come ???



From your original post, he is not an overstay -- he was here illegally. An overstay, as I understand, is when someone enters legally and does not return upon visa expiration.


Please don't get pregnant.


Keep your smartass comments to off topic. This forum is to actually help people.
spookyturtleMale02009-08-27 23:29:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa denied at interview due to overstay in USA
QUOTE (Minya's wife @ Aug 28 2009, 11:14 AM) <{POST_SNAPBACK}>
QUOTE (NANI AND GIL @ Aug 26 2009, 12:36 PM) <{POST_SNAPBACK}>
I'm a US citizen, and have applied for my husband to come back to the USA, he illegally enter the US in 2000, was arrested and later released with a bond never showed up to the court. Then in 2002 We met and got married. He left the US before I applied for him to come back.He had his interview in Rio De Janeiro and was denied the visa because he overstayed under section 212 BUT they also say they will not accept an Waiver I-601 ? Has anyone had any problems simular to this ? My lawyer has evrything ready to be submited but they will not accept it ! PLEASE HELP sad.gif


I don't think this is an overstay ban. It looks like he entered without inspection, for which the ban is not waiverable, I believe.
I'm sorry, but if the consulate did not allow the waiver, you will have to wait out the ban and re-apply when he's eligible.

Good luck.


Depeneding on the number of illegal entries and time spent here illegally, the offense is waivable. There is still missing info here.
spookyturtleMale02009-08-28 11:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa denied at interview due to overstay in USA
QUOTE (desert_fox @ Aug 28 2009, 06:02 PM) <{POST_SNAPBACK}>
QUOTE (jpaula @ Aug 28 2009, 05:41 PM) <{POST_SNAPBACK}>
The question was why Rio would not let him file a waiver. Pretty valid question, actually, as many people file waivers for illegal presence every day. I think the answer, as pointed out in this thread, is that some Consulates, Rio among them, will not let you file a waiver if you have skipped an immigration hearing. Good information to know and to share if anyone else is in a similar situation and will be going through one of the Consulates with this policy.

To the OP...Have you contacted a Congressman? It may be that you are stuck with the policy of the Consulate you go through, but it seems logical to me that if this is being applied capriciously or at some Consulates and not others, you may be able to get a Congress person to help force the Consulate to take the waiver. The waiver goes to DHS after all, not to State.


The US Consulate General is an agency of the US State Dept. They do not make their own local rules where the law clearly spells out the conequenques if you do not show up at a removal proceeding, that youm are toast. It is spelled out in the court order, and by the law.

He probably thought by marring a US Citizen that all problems would go away....bad assumption.

She coula use an attorney that is certified in Immigration Law, who could explain all of this to her.

Do the ban a try again.


Unfortunaley, all the Consulates do not follow the same set of rules. Some enforce seldom invoked sections of the law while others do not. It is not consistent across the board.


spookyturtleMale02009-08-28 22:25:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa denied at interview due to overstay in USA
QUOTE (desert_fox @ Aug 29 2009, 01:05 PM) <{POST_SNAPBACK}>
QUOTE (jpaula @ Aug 28 2009, 11:03 PM) <{POST_SNAPBACK}>
QUOTE (spookyturtle @ Aug 29 2009, 05:25 AM) <{POST_SNAPBACK}>
QUOTE (desert_fox @ Aug 28 2009, 06:02 PM) <{POST_SNAPBACK}>
QUOTE (jpaula @ Aug 28 2009, 05:41 PM) <{POST_SNAPBACK}>
The question was why Rio would not let him file a waiver. Pretty valid question, actually, as many people file waivers for illegal presence every day. I think the answer, as pointed out in this thread, is that some Consulates, Rio among them, will not let you file a waiver if you have skipped an immigration hearing. Good information to know and to share if anyone else is in a similar situation and will be going through one of the Consulates with this policy.

To the OP...Have you contacted a Congressman? It may be that you are stuck with the policy of the Consulate you go through, but it seems logical to me that if this is being applied capriciously or at some Consulates and not others, you may be able to get a Congress person to help force the Consulate to take the waiver. The waiver goes to DHS after all, not to State.


The US Consulate General is an agency of the US State Dept. They do not make their own local rules where the law clearly spells out the conequenques if you do not show up at a removal proceeding, that youm are toast. It is spelled out in the court order, and by the law.

He probably thought by marring a US Citizen that all problems would go away....bad assumption.

She coula use an attorney that is certified in Immigration Law, who could explain all of this to her.

Do the ban a try again.


Unfortunaley, all the Consulates do not follow the same set of rules. Some enforce seldom invoked sections of the law while others do not. It is not consistent across the board.


Very true. Kind of odd that so few enforce this one (and that it then gets by DHS so frequently).


The issue is not whether the consulate accepts it or not. Im sure they will gladly take your money, or some may do you a favor by not accepting it. The Consulate service does not ajudicates these waivers but pass it on to the local field office of DHS that has jurisdiction fo that particular country.

The DHS is not the Dept of State. They can only follow the law and predendents to the law that exist, and would apply it to all waivers they have from the various countries within their jurisdicion.

What discresional authority they have...I would have no idea, but it cannot violate the law and their regulations. This is a complex issue and you need to talk to a certified immigration attorney and not the advice of a local practioner of family law. This guy will gladly take your money and file whatever document you like.


The Consulate makes the initial determination as to waiver eligibility, not DHS. DHS adjudicates the waiver and is capable of overturning a consulate decision for eligibility. According to the OP, they were not given the chance to submit a waiver. Nothing to do with DHS at this point, it's all DOS and their application of the law. And it varies from consulate to consulate. It is by no means standard throughout the system.

There is information missing on the case posted here. They had to be given an exact reason and section of the law why they were banned. Thus far that information has not been posted.

spookyturtleMale02009-08-29 12:31:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa denied at interview due to overstay in USA
QUOTE (emt103c @ Aug 29 2009, 06:17 PM) <{POST_SNAPBACK}>
The ban is included in the INA from 1996. It has always been there, but consulates basically ignored it until last year and now only some are observing it. Technically, all should be enforcing it, but they are not. She is NOT ELIGIBLE to submit the waiver. It is not the consulate's fault, it is actually the law. Anyone who tells you they will submit the waiver before that five years is up is lying and stealing your money. I am sorry to be harsh, but it is reality.


But the OP said the ban was for 3 years. The one you are speaking of is 5 years. I am thinking the OP made a mistake saying 3 years and that it is exactly what you say it is. The 3 year overstay ban is waivable.
spookyturtleMale02009-08-29 20:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa denied at interview due to overstay in USA
QUOTE (jpaula @ Aug 29 2009, 06:29 PM) <{POST_SNAPBACK}>
QUOTE (emt103c @ Aug 29 2009, 11:17 PM) <{POST_SNAPBACK}>
The ban is included in the INA from 1996. It has always been there, but consulates basically ignored it until last year and now only some are observing it. Technically, all should be enforcing it, but they are not. She is NOT ELIGIBLE to submit the waiver. It is not the consulate's fault, it is actually the law. Anyone who tells you they will submit the waiver before that five years is up is lying and stealing your money. I am sorry to be harsh, but it is reality.


But, in the cases where the Consulate does accept the waiver and sends it along to DHS, has DHS been enforcing the bar? I know of several cases (all more than a year old and most through Rome) where people who have missed hearings and had deportation orders placed in absentia, were eventually deported and subsequently had waivers approved. Perhaps they were able to prove that they did not receive proper notice of the hearing?

Not harsh at all. If it is the law and it is being consistently enforced people should be aware of it.


If the consulate did say you were eligible for the waiver, it is still possible for DHS to enforce the bar. They probably wouldn't adjudicate the waiver, they would state that no waiver was available.
spookyturtleMale02009-08-29 20:52:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa denied at interview due to overstay in USA
QUOTE (emt103c @ Sep 1 2009, 08:35 PM) <{POST_SNAPBACK}>
QUOTE (spookyturtle @ Aug 29 2009, 09:49 PM) <{POST_SNAPBACK}>
QUOTE (emt103c @ Aug 29 2009, 06:17 PM) <{POST_SNAPBACK}>
The ban is included in the INA from 1996. It has always been there, but consulates basically ignored it until last year and now only some are observing it. Technically, all should be enforcing it, but they are not. She is NOT ELIGIBLE to submit the waiver. It is not the consulate's fault, it is actually the law. Anyone who tells you they will submit the waiver before that five years is up is lying and stealing your money. I am sorry to be harsh, but it is reality.


But the OP said the ban was for 3 years. The one you are speaking of is 5 years. I am thinking the OP made a mistake saying 3 years and that it is exactly what you say it is. The 3 year overstay ban is waivable.


She said that he's already served 2 years of it. . .3 left. . .she's posted elsewhere


Thanks, I missed that.
spookyturtleMale02009-09-01 22:25:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Waiver appointment
QUOTE (grreyes6 @ Aug 28 2009, 06:02 PM) <{POST_SNAPBACK}>
Hello all...

My husband's waiver appointment is Oct 22. at CDJ (Mex) I would like to try and move it up if possible. Has anyone had in luck in calling 1 or more times a week to see if there have been cancellations? If so are there better days or times to call? Any thoughts would be appreciated!

Gayla


Posting at immigrate2us.net. It is the best site for waivers and there is s section just for Mexico; a very helpful group of people.
spookyturtleMale02009-08-28 22:28:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Marrying Brazilian whom I believe has 10 yr ban
Check out immigrate2us.net. It is the best site for waivers and the users there are not judgemental.
spookyturtleMale02009-08-26 17:47:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I-601 WAIVER PROCESSING TIMES LONDON 2008
Check out immigrate2us.net for more information.
spookyturtleMale02008-09-02 17:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)waiver question
QUOTE (aossis @ Aug 19 2009, 03:58 AM) <{POST_SNAPBACK}>
QUOTE (chaigirl @ Aug 18 2009, 03:33 PM) <{POST_SNAPBACK}>
That's what I thought, that it would have been mentioned verbally or on the letter. But since it hasn't I'm not going to add to my stress by worrying about it. Thanks!


For waiver purposes, everything the adjudicator has on the record is being taken into account. It is not just about proving extreme hardship, it is also about weighing the mitigating versus the aggravating factors. Even if he wasn't found to be inadmissible on criminal or medical grounds from the two DUIs, it should be addressed on the waiver. Proof of compliance to the sentence and evidence of "rehabilitation" should have been provided with your waiver packet. He must convince the adjudicator that he is not drinking and driving anymore if you want your chances to increase the favorable discretionary decision of your waiver..


Great advice. Evidence of rehabilitation and length of time since the last DUI will help the case. Check out immigrate2us.net for more waiver info.
spookyturtleMale02009-08-19 13:37:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Successful immigration after deportation?
You need a competant lawyer, most are not. Have you consulted with Heather Poole at humanrightsattorney.com? She is top notch and if she doesn't think she can help you, she will tell you.
spookyturtleMale02009-08-16 23:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I FINALLY received something from the USCIS in Panama !
QUOTE (panamania79 @ Aug 6 2009, 03:29 PM) <{POST_SNAPBACK}>
Today I received a letter stating it will take them 8-10 months from June 17th to adjudicate my fiance's waiver.I am somewhat happy.Of course I wish it was approved already ! unsure.gif


I'm happy to hear that you finally heard something after all the bs you have been through. The waiting sucks. I just wish that they didn't put the wavier back on the bottom of the pile when they screw things up and waste so much time. Hang in there. smile.gif
spookyturtleMale02009-08-06 21:26:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Will we need a waiver if he overstayed a tourist visa while applying for a work visa?
I thought that it was not possible to change a tourist visa to any other class of visa without leaving the counrty? The work visa would be issued in Brazil, not here. As advised above, it would have been better to marry here, the overstay would most likely be forgiven without returning to Brazil and no waiver would have been needed. Now it is almost a certainty. You can do a consult with Heather Poole at http://www.humanrightsattorney.com/ or Laurel Scott at http://www.scottimmigration.net/ Both are excellent lawyers and experienced with waivers. Perhaps emt103c will chime in. She is a member here who is very knowledgeable about waiver issues. You may also want to post this at immigrate2us.net, by far the best waiver site on the internet.

Edited by spookyturtle, 06 August 2009 - 09:36 PM.

spookyturtleMale02009-08-06 21:34:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Will we need a waiver if he overstayed a tourist visa while applying for a work visa?
QUOTE (spookyturtle @ Aug 6 2009, 10:34 PM) <{POST_SNAPBACK}>
I thought that it was not possible to change a tourist visa to any other class of visa without leaving the counrty? The work visa would be issued in Brazil, not here. As advised above, it would have been better to marry here, the overstay would most likely be forgiven without returning to Brazil and no waiver would have been needed. Now it is almost a certainty. You can do a consult with Heather Poole at http://www.humanrightsattorney.com/ or Laurel Scott at http://www.scottimmigration.net/ Both are excellent lawyers and experienced with waivers. Perhaps emt103c will chime in. She is a member here who is very knowledgeable about waiver issues. You may also want to post this at immigrate2us.net, by far the best waiver site on the internet.


I am wrong about not being able to change status on a tourist visa. Now it will depend on when he started the process etc if he will be considered an overstay or not. It would be a good idea to consult a lawyer for more information.
spookyturtleMale02009-08-06 21:45:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal Entry!!!!
QUOTE (Amor1 @ Jul 29 2009, 01:14 PM) <{POST_SNAPBACK}>
Hello. Do not depart just yet. Allow your husband to file the I-130 petition. They will send notice from one of the processing centers. It may take them 4 months or even a year. Stay put. In the mean time, check with local attorneys who can advise you. Go for the free consultations and see what advice they give. Try to find one that has a lot of experience with waivers and knows specifically about filing in your home country. If you cannot afford an attorney, there are local organizations that can assist; they provide free or low-cost legal help.

Yes, this is a daunting situation, but do not despair. Everyone makes mistakes. Just hang in there for your family and yourself. Take things step-by-step and do as much research as you can every day. The people at i2us will walk you through the process. All the best--Amor1

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This is excellent advice.
spookyturtleMale02009-08-01 23:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal Entry!!!!
I tried to edit my reply and add the following:

Contact a US attorney. Laurel Scott at http://www.scottimmigration.net/ or Heather Poole at humanrightsattorney.com are two excellent choices. You will not be able to adjust status without returning to Jamaica and filing a waiver there. You may be able to stay in the US until you get your visa interview appointment in Jamaica and then return to go the interview and begin the waiver process. You will have to remain out of the US until the wavier is approved. You want a lawyer who has had success with waivers filed in Jamaica. You should check out immigrate2us.net, it is the best site for waivers and waiver info.

It is also possible that you could be detained and deported when you go for your AOS interview here in the US. Get some sound legal advice before you leave the country or file for AOS.
spookyturtleMale02009-08-01 23:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)HELP!!!! FOR A PARDON
Big question. After his first illegal entry, how long did he stay in the US? If he entered illegally, stayed for more than a year and entered illegally again, he is subject to 212(a)(9)©, which makes him ineligible for a waiver for 10 years. It's not the number of illegal entries that is the problem, it is the cumulative total of time spent here illegally. Once this total reaches more than one year and you enter illegally again, 9C kicks in and there is a 10 year bar with no possibility of a waiver.
spookyturtleMale02009-08-03 23:17:00