ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)Do you think adjudicators actually follow the guidelines?
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Kathryn41FemaleCanada2009-11-02 07:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Hardship Waiver
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Kathryn41FemaleCanada2009-11-02 07:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Obama ends Ban in individuals with HIV
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Kathryn41FemaleCanada2009-11-02 07:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Do I need a waiver????
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Kathryn41FemaleCanada2009-11-02 07:15:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Medical waiver & Visa approved!!!!
Congratulations!

A word for encouragement - a good friend of mine was diagnosed with HIV/AIDS 2 years ago when he was hospitalized with pneumonia. They didn't expect him to survive - his viral load was very high. He did survive, however - and recovered - and has been receiving treatment ever since. For several months now his viral load has been undetectable. I hope your husband receives similar good news.
Kathryn41FemaleCanada2009-10-15 18:51:00
Waivers (I-601 and I-212) and Administrative Processes (221g)blanket Waiver and I-601 Form
No. The blanket medical waiver is something totally different than the Waivers for Inadmissibility. The blanket medical waiver means you are waived from having to get any of the vaccinations you do not have because they are either medically or age inappropriate. The Civil Surgeon makes that determination and provides the 'request for blanket waiver' on the medical form - it means the vaccinations are waived.

The I-601 waiver is to request a waiver from some tangible reason that makes you inadmissible to the US - things like an overstay of a previous visa, for example. Filing the form asks USCIS to overlook the circumstances that make the individual inadmissible. You can also request a waiver for a medical condition such as AIDS which makes one inadmissible - these are totally different circumstances than a blanket medical waiver which is basically saying you don't need the vaccinations that you don't have and requesting permission to 'waive' the requirement to complete these vaccinations. I-601 waivers are for exceptional circumstances, not the normal circumstances encountered in the immigration process. An USCIS official will advise you at an interview if you require an I- 601 waiver.

Hope this helps.

Edited by Kathryn41, 07 October 2009 - 07:57 PM.

Kathryn41FemaleCanada2009-10-07 19:52:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help-How do I come clean and adjust my status
duplicate threads merged
Kathryn41FemaleCanada2009-09-22 20:03:00
Waivers (I-601 and I-212) and Administrative Processes (221g)proof of relationaship....
QUOTE (john_and_marlene @ Sep 22 2009, 12:16 PM) <{POST_SNAPBACK}>
QUOTE (TayRivers @ Sep 22 2009, 11:08 AM) <{POST_SNAPBACK}>
QUOTE (Haole @ Sep 22 2009, 11:59 AM) <{POST_SNAPBACK}>
How about a condom?



Haole, your comment is not helpful, if you have nothing constructive to add then please dont post.


Be careful making judgements about what is or is not constructive. Just because you don't "get it" you deem it as nothing constructive and run around deleting posts and tossing about warnings. I see the comment as allowing the OP an opportunity to realize the parallel of the two objects and deduce that it is just as unproductive to send in a perfume box.


I will add that Haole's comment is more appropriate to Off Topic and is not acceptable in the Upper Forums. TayRivers has issued only a warning - a 4 hour suspension as per Captain Ewok's instructions earlier this year, could also have been issued. The comment was out of line, and your public objection to a moderator ensuring that offf topic comments in an inappropriate location are addressed is also inappropriate.
Kathryn41FemaleCanada2009-09-22 11:44:00
Waivers (I-601 and I-212) and Administrative Processes (221g)proof of relationaship....
QUOTE (obbynox @ Sep 22 2009, 03:56 PM) <{POST_SNAPBACK}>
Another 4 pages of ego clashing and sniping culminating in a complete waste of time reading! what is this forum coming to? Can't people just answer the damn question or shut up?

I wouldn't bother with the perfume box, though receipts/photographs/letter's/b-day cards etc would be a better way to go smile.gif

Good luck!


Nice post, obbynox.

For those who feel that this particular forum - those who are in need of waivers or have been placed in extra administrative processing - is the place to joke around or to make non-helpful comments, please re-evaluate your positions. The posted comment about sending in a condom was unhelpful and trite. It did not state the posters position that the evidence in question - a perfume box - would not be helpful. Instead, it was flippant and trivialized the OP's question. The OP is in need of additional evidence to prove the relationship with her husband - a very real consideration. She doesn't have a lot of material available and was asking if a box with information written on it by her husband and containing a gift given to her would be of any use. Some of the respondents, like the above, have chosen to answer the question - which provides useful information for the OP. Others seem to see that this is an opportunity to joke around at the OP's expense. That is why the moderator first posted a warning. The post in question was made not for the sake of the OP but because the poster thought it would be cute to be smart-alecky. There is a time and place for humour - but that post was not humourous and it was not helpful. So, if you can provide a useful response for the OPs question, please do so, otherwise do not post.
Kathryn41FemaleCanada2009-09-22 15:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help My Daughter!
Reiterating what Sera77 and John and Marlene have already said so well - it is illegal to misrepresent or falsify any information whatsoever when dealing with USCIS. Suggesting that someone proceeds as if USCIS doesn't know about their overstay - and pray that they don't find out because of the volume of people USCIS deals with - is promoting lying to USCIS by withholding significant information that would have a definite bearing on the decision of the case and is also a violation of TOS for Visa Journey. Please do not continue on this line of inquiry as not only is it a violation for this site and suggesting immigration fraud, it is also very bad advice that may turn what is currently a 10 year ban into a lifetime ban. Instead of trying to find a way to 'cheat' the laws involved, look for a way to work within the system. Yes, it will be longer and more troublesome than a straightforward case, but the overstay is a reality; you can't pretend it doesn't exist and hope it goes away.
Kathryn41FemaleCanada2009-09-15 15:52:00
Waivers (I-601 and I-212) and Administrative Processes (221g)HIV medical waiver approved - Accra
Thank you for sharing this. I am sure it will be of use to others. Good luck in your Visa Journey.
Kathryn41FemaleCanada2009-09-10 21:58:00
Waivers (I-601 and I-212) and Administrative Processes (221g)What exactly goes down in the Administrative Processing procedure?
Moved from Off Topic Forum
Kathryn41FemaleCanada2009-08-11 10:56:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Marrying Brazilian whom I believe has 10 yr ban
moved from K-3 forum to Waivers forum
Kathryn41FemaleCanada2009-08-25 16:28:00
Waivers (I-601 and I-212) and Administrative Processes (221g)GOT MY VISA
Congratulations. Good things are worth waiting for but that was a little extreme. Glad it's over for you and you're on your way again.
Kathryn41FemaleCanada2009-08-08 18:52:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal Entry!!!!
finesse, your comment is also inappropriate in the upper forums. If you have nothing useful to add to the conversation then do not add anything.
Kathryn41FemaleCanada2009-07-28 14:44:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal Entry!!!!
Off Topic behaviour - as these last two posts illustrate - are not allowed in the Upper Forums. This is considered inappropriate behaviour when the objective of these forums is to provide assistance and not to joke or make fun of either the process or any of the respondents. Please take the time to read this letter written by the site administrator Captain Ewok advising you of the new focus on stopping OT behaviour in the upper forums. You will see that failure to follow this directive can result in a 4 hour suspension. Suspensions have and are been given out for those who don't take this position seriously.

http://www.visajourn...howtopic=207663

Edited by Kathryn41, 28 July 2009 - 03:26 PM.

Kathryn41FemaleCanada2009-07-28 15:22:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal Entry!!!!
Personal attacks are a violation of TOS. The offending post has been removed. If you disagree with a post or poster, please find courteous ways to state your position.
Kathryn41FemaleCanada2009-07-29 10:21:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal Entry!!!!

As a consideration for those of you so quick to make judgments about the OP - up until recently it was fairly common in some countries for children under a certain age to be included on their parent's passport. The OP has not provided us with any further details but from the way she is phrasing her question it sounds like she legally entered on some one else's passport - ie, a parent's. She has no proof of this and that is her dilemma. Her children were born before her marriage which is only a year old. Based upon the information she has presented, all she may be guilty of is an overstay.

As reported earlier, judgmental posts are not acceptable! If you do not have anything useful to add to the discussion, then do not add anything!

Edited by Kathryn41, 29 July 2009 - 11:02 AM.

Kathryn41FemaleCanada2009-07-29 10:56:00
Waivers (I-601 and I-212) and Administrative Processes (221g)HELP!!!! FOR A PARDON
moved from K-1 forum to Waivers forum as more likely to get useful information here.

OP - I think this is a time when you two would really benefit from a consultation with a knowledgeable and competent immigration attorney. Good luck.
Kathryn41FemaleCanada2009-08-03 12:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)DHS contridicting themselves!! HEEELPP!!!
Inappropriate post has been removed
Kathryn41FemaleCanada2009-07-26 17:21:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Can we cancel our Appeal?
If you have submitted other evidence and are waiting for the appeal, I suggest wait until you hear a decision. Appeals can take time and you already have 5 months into the appeal process. If you withdraw the appeal, you could re-submit a new K-1 and pay the fees again, or you could get married and apply for a CR-1. You will have to wait through both of those processes as well. If you feel that you have submitted sufficient evidence to prove that you did indeed meet the 2 year meeting requirement, then the likelihood is that your appeal will be granted.
Kathryn41FemaleCanada2009-07-19 09:11:00
Waivers (I-601 and I-212) and Administrative Processes (221g)K-1 visa . please i need help
Duplicated posts merged and obvious duplicates removed. To the OP, please do not start a new thread when you want to ask the same question over again - you will get better responses and information by keeping your requests all on the same thread.

Edited by Kathryn41, 21 May 2009 - 05:36 PM.

Kathryn41FemaleCanada2009-05-21 17:33:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Banned for Life
If the record was a public one listed with the RCMP then yes, the US authorities would have access to it. It must have been something pretty serious if the record is listed even though he was a minor - was he perhaps charged in regular court? A Pardon does not erase that record once it is in the US' knowledge, even though it does in Canada. The US is under no obligation to honour or observe a Canadian pardon.

Your brother's friend was probably charged with misrepresentation when he answered 'no' at the border. That can carry a life time ban from the US. Waivers of the criminal charges are available and I suspect that is what he was referring to - they are expensive and they take a long time to process (no surprise there!). I know this because we kept copies of the waiver form at the MPs office as many truck drivers needed to obtain US waivers for Canadian criminal records in order to be allowed to drive in the US. They always came in asking for pardon forms - which would do them no good in the US - and left with the US waiver forms. It may be that he isn't banned permanently but that he will always need a waiver of criminality - and yes, he would need to renew it regularly if he wanted access to the US - in order to cross the border.

It sounds like your brother's friend is telling the truth but may perhaps be misleading you on the seriousness of the original charge.
Kathryn41FemaleCanada2009-05-04 22:39:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Banned for Life
It does seem strange but I guess the US has the option to bring charges against someone who violates one of their laws - and lying to an immigration official is considered a violation of the law. I don't think they often go to this extreme but I guess it is within their right. Maybe he was a bit hot-headed with the border official and they decided to retaliate to the full extent of the law, rather than just turning him back at the border.
Kathryn41FemaleCanada2009-05-04 22:45:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Denied bec of failed to establish evidence that the two of us have met
USCIS does make mistakes and do lose documents. I would suggest that you appeal the decision and in your request to appeal include the list of documents itemized that were submitted with your application. Now, the other question that comes to mind is that you need to prove you have met within the last 2 years. If your meetings were more than 2 years prior to submitting the application then that would lead to a denial. The solution would be to meet and then immediately refile using the proof of this meeting. If your meeting evidence was within the last two years, then definitely appeal the decision.

Edited by Kathryn41, 12 February 2009 - 04:48 PM.

Kathryn41FemaleCanada2009-02-12 16:47:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I-601, AOS
The OP has received the advice requested and this thread has gone way overboard. I am closing this thread for TOS violations.
Kathryn41FemaleCanada2009-04-06 15:24:00
Waivers (I-601 and I-212) and Administrative Processes (221g)K-1 denied...now what?
Akimont88, I am sorry you have had so much difficulty getting your fiancee to the States. Kudos to you for choosing to go the alternate route - relocating to Canada - to e with her. It is a great place to live.

Just to give you some information that may be of use: Canada does not have a fiance visa so you will have to get married before she can sponsor you. While there is a Support component in Canadian immigration, it is 'waived' for spouses so she does not have to meet a minimal income level. (Canada really does focus on family reunification.) The Canadian process is not a multi-phase process as in the US. Your 'wife' submits her sponsorship application and you submit your immigration application with all of the necessary supporting documents to the Canadian Consulate in Buffalo at the same time. All of the supporting documentation go with it. Sometimes they interview, usually they don't. You can visit while waiting for the process as well. If you feel you want to stay with her during the process, you can actually go as a visitor and then choose to apply for permanent residency from within Canada instead of going through the Consulate in Buffalo. You just need to have a valid status within Canada at that time and visitor status is allowed. The problem with that route is that you can't work until your application receives approval in principal and it takes longer being processed from within Canada than from outside of Canada. Canadian immigration is, however, much faster overal than US immigration and there is no conditional residency - once you are a permanent resident, you are a permanent resident.

You can find out more at this website: http://www.cic.gc.ca

Good luck.

Edited by Kathryn41, 26 February 2009 - 09:59 PM.

Kathryn41FemaleCanada2009-02-26 21:57:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Why a waiver if you have a pardon?
The other catch 22 is that US immigration forms ask if you have ever been charged with something even if you have received a pardon for it, so you are obligated to disclose the charge. If you don't, then you are guilty of lying to US immigration, and if they ever do find out - and you can't deny that the possibility exists - you have an even bigger problem. Any immigration benefits you have received up until that time will be cancelled and you would be deported and barred from the US for life.

If you have been stopped at any time or if US immigration or any US law enforcement agency has accessed your Canadian records before the Pardon is granted, then the information is already in their files. As Carlawarla noted, the US does not recognize Canadian pardons.
Kathryn41FemaleCanada2008-03-26 19:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help!!!!
The process in Canada is called a pardon. It does not sound like the OP is pursuing a pardon, rather is pursuing a US waiver. You can apply for a waiver even if you are only an intended visitor, however, as noted above, a waiver for possession of marijuana (less than 50 grams) is only available on a family petition.
Kathryn41FemaleCanada2008-03-26 19:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help!!!!
QUOTE (rebeccajo @ Mar 26 2008, 08:49 PM) <{POST_SNAPBACK}>
QUOTE (Kathryn41 @ Mar 26 2008, 08:04 PM) <{POST_SNAPBACK}>
The process in Canada is called a pardon. It does not sound like the OP is pursuing a pardon, rather is pursuing a US waiver. You can apply for a waiver even if you are only an intended visitor, however, as noted above, a waiver for possession of marijuana (less than 50 grams) is only available on a family petition.


Thanks Kathryn.

I'm assuming this 'waiver' for Canadian visitors is possibly the same as a VWP citizen having to apply for a visitors visa when they have a conviction?

I knew a guy from the UK who had convictions (not drug related) and he applied for and was granted a visitors visa which he used a couple of times to visit his fiance in the US. They later filed the K1 and subsequent waivers, which were granted.

If I'm understanding you properly, we're in agreement that the 'waiver' for traveling doesn't supercede the waiver for potential immigrating.

Yes, it would be a different waiver for visiting than for potential immigrating. My experience with US waivers dates from when I worked in the Member of Parliament's office in our area. We were an hour from the border and often had truckers come in who needed to request US waivers to allow them to drive a truck across the border for their employer to make a delivery. We actually downloaded the forms for them from the US immigration site, but they had to fill them out and submit all of the documentation plus the fees to the appropriate US authority themselves. They were not happy campers since waivers at that time for taking almost a year for approval. Some of them literally lost their jobs because they couldn't cross the border. A lot of them had already gone through the process of applying for a Canadian pardon (which were taking about 18 weeks at that time) and were mad as hell that it didn't make a difference to the US authorities and they then had to turn around and apply for the US waivers. If they came to us first we generally told them not to bother with the pardons and just go straight for the waivers.
Kathryn41FemaleCanada2008-03-26 19:55:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Fiance' Turned away
Yes, it would affect a K-3 as well. The ban supersedes any visas - unless you get a waiver for the specific ban. You can apply for the waiver, I believe, after the K-1 is denied. You would do well to consult with a knowledgeable Immigration lawyer.
Kathryn41FemaleCanada2008-02-28 10:47:00
Waivers (I-601 and I-212) and Administrative Processes (221g)OUR GOLIATH!!!!
Absolutely wonderful news. Regardless of how one's religious feelings are, this is a really good news story! The two of you deserve every happiness - you have more than earned it. Congratulations.
Kathryn41FemaleCanada2007-05-26 12:43:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Had my interview and got a 221(g)
Just a suggestion - did your fiancee end up going to the chess championship after all on his own? Did he have tickets or perhaps an online print out of the event to show it was a legitimate event? Did you have a return ticket booked, or written emails discussing your plans for the event and the days around it? Can you provide an affidavit from friends or acquaintances, especially work acquaintances, with whom you discussed your visit and your intention to return? Start thinking creatively of all of the different types of evidence you can pull together to prove that you had a life in your own country to which you intended to return, and that this visit was just a holiday. Good luck.

Edited by Kathryn41, 04 January 2007 - 09:32 PM.

Kathryn41FemaleCanada2007-01-04 21:31:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Married on Visitor Visa
Good news, then, Evergreen:-). That makes a lot of sense, but it is reassuring to get the information straight from the Consulate who is much more familiar with these details.
Kathryn41FemaleCanada2006-09-17 13:09:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Drafting/Going to spouse's orignal country.
It has been a few years since I assisted on US/Canadian couples relocating to Canada but the process is more or less as follows: The Canadian citizaen registers at the Canadian POE as a returning resident. This is required so he can start the clock ticking on qulifying periods for health benefits, etc. Before you go, you as the US spouse apply at the closest Canadian consulate that handles immigration visas for a visitor visa. That will allow you to accompany your husband into Canada. Once in Canada he can apply to sponsor you as his wife to become a permanent landed immigrant. You also complete parts of the application package. The good news is that the equivalent of the affidavit of support is waived for married couples so you don't have to meet the income requirement. Once his sponsorship is approved, the application is forwarded to the appropriate immigration office for review and an interview is scheduled if necessary. Once landing is granted you have to leave the country and re-enter Canada when you landing visa is then activated. The application fee is around $550-600 and you do have to have a medical as well which is extra. There was talk about the Right of Landing Fee - which was around $900 - being abolished but I don't know if that has happened yet or not. The supporting documents for Canadian immigration are very similar to the ones required by the US immigrations. The process runs around 12 - 15 months.
Kathryn41FemaleCanada2006-08-09 15:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Drafting/Going to spouse's orignal country.
Hi New Orleans Bound,

Yes, the in-country processing can take up to 2 or more years although this was more usual when they changed the immigration laws a few years back and had to deal with a processing backlog. THe path you suggest involves the same steps, except for the visitor visa (which needs to be extended every 6 months, btw), and instead of filing for in-canada processing, the US Spouse stays in the US and the sponsorship and landing applications are submitted to the Canadian Consulate in Buffalo. The processing from that point on is identical except that the US spouse is not inside Canada with his/her Canadian partner. The US spouse, for both types of applications, is also resposible for obtaining police security records from the FBI AND from any US State in which he/she lived for more than 6 months while over 18, along with any foreign records. This can add to the time taken just getting the paperwork to the application stage.

Edited by Kathryn41, 10 August 2006 - 11:33 AM.

Kathryn41FemaleCanada2006-08-10 11:28:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Dealing with customs under a 3 month Waiver??
One potential area of concern that you should be aware of before you get a return ticket prior to when you actually plan to leave . . . the border guard will issue you an I-94. If he chooses, he may put the valid until date for the day of your return ticket instead of allowing a 3 month entry time. Of course, he may not as well, but it is something you should think about. It is the I-94 that determines how long you are actually allowed to remain in the country.
Kathryn41FemaleCanada2006-07-15 09:42:00
Waivers (I-601 and I-212) and Administrative Processes (221g)mothers denied visa affect daughter 10 yr ban
US Citizen is precluded from petitioning for the daughter if the marriage to the mother occurred after the child's 18th birthday, which in your fact pattern you say the child is almost 18.5 when the marriage was to occur

Edited by payxibka, 11 September 2011 - 10:57 AM.

payxibkaMaleUkraine2011-09-11 10:32:00
Waivers (I-601 and I-212) and Administrative Processes (221g)mothers denied visa affect daughter 10 yr ban

No, my friend, the daughter won't be approved for visa if her mother is denied. The daughter's visa is derivative of her mother's. If the mother's immigration benefit is denied for any reason, the daughter's immigration benefit dies with it.

no, in this scenario the daughters visa is NOT a derivative as both are immediate relatives of a USC
payxibkaMaleUkraine2011-09-11 12:50:00
Waivers (I-601 and I-212) and Administrative Processes (221g)mothers denied visa affect daughter 10 yr ban

I already answered that question on another board a day or two ago.

If the mother's CR- is denied based on the bar she triggered for unlawful presence, then the daughter, who would ride piggyback on her mother's petition, would not be able to come on her own as the CR-2 is hinged on the CR-1.


Then it is good that the question got asked again, as there is NO piggyback here... each has to have there own I-130

Edited by payxibka, 11 September 2011 - 01:16 PM.

payxibkaMaleUkraine2011-09-11 12:54:00