I misunderstood that part though, so it took a few months to send it to the NVC. Ask a lawyer - it's free! Please help. I have 2 major issues: I was diagnosed with end stage renal disease and undergoing dialysis 3 times per week. If he fails to appear for his scheduled immigrant visa interview, the DOS may cancel the application process. When the I-601A waiver is approved, the applicant is required to leave the United States for the immigrant interview with U.S. consular officer. But, I feel like all of the applicants are turned into "numbers or pieces of paper" rather than a person with a family and friends and work/businesses.Â. (If other inadmissibility issues are discovered later, an approved I-601A will be revoked. By My husband’s I601a was just approved. I 601 is the waiver for a criminal record, you will be advised at the interview if you are eligible to file one. If you have spent a certain amount of time in the United States (U.S.) without lawful immigration status or entered the U.S. without inspection, you may need to file this type of waiver application as the first step in getting your green card. Ask our. My Waiver was approved on May 2019, supporting documents were sent and received by USCIS, however, I have not heard anything about the interview? Once approved, schedule a new interview with the appropriate agency to adjudicate your green card application. The form is also referred to as a “provisional waiver application.” Previously, to file the provisional waiver application, those with excess unlawful presence in the US had to go through a much more convoluted process where they basically had to wait to be deemed inadmi… This whole process has been so frustrating and stressful. Thank you. Once the waiver is approved by the USCIS, the applicant should receive a packet of information from the U.S. Embassy of her country of origin. No ifs, ands, or buts. We are only nervous for interview because he had a charge in Mexico years ago, when he was 24. The packet will instruct her to set up a new interview appointment at the consulate. This is usually a few days after the USCIS approval. On the I601A forum, some people have mentioned receiving an interview letter only a couple months after the waiver approval. The Department of Homeland Security states that the applicant should not leave the United States until notified by the National Visa Center of the date and time of his scheduled immigrant visa interview. In addition, DOS estimates that it will schedule the applicant for an immigrant visa interview within 2 to 3 months after approval of the provisional unlawful presence waiver and the applicant’s submission of the required immigrant visa processing documents to DOS. I am confused my lawyer said we cannot take the waiver to the interview but I read here that we can do that. Applicants denied a visa or other immigration benefit, can resolve the issue with an I-601 waiver. http://www.ranchodlaw.comLearn five questions you should ask your lawyer when applying for a I601 or I601a waiver. I-601A Provisional Waiver Practice Advisory Immigrant Legal Resource Center ©2016 Immigrant Legal Resource Center 2 Responsibility Act of 1996.2 Under the statute, an individual accrues unlawful presence when he or she is “present in the United States after the expiration of the period of stay authorized by the Attorney General or is Didn't find the answer you were looking for? The NVC will schedule you for an immigrant interview after the USCIS approves your I-601A petition. It took 11 months to receive the letter, and the actual interview was 12 months at Ciudad Juarez. The waiver does not take effect until after he appears for the immigrant visa interview and he has left the United States. It took us 11 months after we submitted our documents to the NVC after receiving the I601A approval. After this waiver has been approved, the process assists in shortening the time that he is separated from immediate family members that are U.S. citizens. Please help. It was received in May 2017, and approved September of 2018.Â, They gave a 221g form requesting more documents. The case moves forward, and the applicant can leave the country for the consular interview knowing that (if all else is in order) there’s a good chance of being approved for the green card. I believe my husband will need a waiver for a criminal record. And we've been waiting since Feb. 6th to receive the tracking number needed to pick up the package. If you are denied the waiver, you can appeal the decision with Administrative Appeals Office (AAO) within 30 days. First, the officer may tell you that your visa is going to be approved. If his previously approved waiver is revoked, he may be able to file to wave certain grounds of inadmissibility. Juarez, Mexico. Time frame from NVC and visa interview in Ciudad Juarez? Thank you. If your visa has been approved, you will be informed how and when your passport and visa will be returned to you. I was wondering if anybody knows what is the process time after its approved in order to go for the Interview (Dominican Republic)? We are close to our interview - do you recommend taking the i-601A waiver to his interview or to wait until they tell us he is eligible for the waiver? A22. “If you know the enemy and know yourself, you need not fear the result of a hundred battles. Approved provisional waivers can be revoked if the DOS ends the immigrant visa application process, USCIS revokes the approved immigrant visa petition, the consular determines that he is inadmissible or if he attempts to re-enter the United States without being admitted. Applicants with an interview appointment letter from the National Visa Center dated before January 3rd, 2013 are not eligible to file the Form I-601A. The I-601A Provisional Unlawful Presence Waiver can be a very stressful process. All Rights Reserved. In this case they will take your passport so that the visa can be processed and attached to the passport. Schedule a medical exam overseas and make plans for your departure from the US. If DOS originally acted before January 3, 2013, to schedule your immigrant visa interview, you are not eligible to file a Form I-601A, even if you failed to appear for your interview or if you or DOS cancelled or rescheduled your interview for a date on or after January 3, 2013. So after you submit the waiver you have to wait for another interview? I-601A is an immigration form that allows certain relatives of United States citizens or permanent residents to request a waiver of the multi-year bars for unlawful presence before they leave the US instead of after. While the chances that your I-601A waiver is approved rely on a variety of factors, including the reliability of the facts of your case, the most common reason applicants are denied is by failing to provide sufficient evidence showing that if the waiver is denied, their US sponsor (spouse, parent, child or employer) will suffer extreme hardship. What will happen at the consular interview if I present an approved provisional unlawful presence waiver but the consular officer determines I have other grounds of inadmissibility? Show 1 more Show 1 less . When the I-601A waiver is approved, the applicant is required to leave the United States for the immigrant interview with U.S. consular officer. If USCIS denies the provisional waiver application, the applicant can reevaluate his or her situation while still living with family in the United States. Kasam & Associates (281) 909-0057. i601a Waiver, i-601 Waiver. We also include newspaper clippings and reports of violence that highlight the dangers of living abroad. Links to additional information to learn about the I601A waiver. I-601A Applicants are required to return to their country of citizenship to attend an Immigrant Visa interview at a U.S. Embassy or Consulate. Thank you. How long before interview? Once we have approved your Form I-212, you can apply for a provisional unlawful presence waiver by filing Form I-601A. The eligibility requirements for the i601a Provisional Waiver are as follows: you must be at least 17 years old, be an immediate relative of a U.S. citizen (An immediate relative is an individual who is the spouse, child or parent of a U.S. citizen), must have an approved Form I-130, Petition for Alien Relative, or Form I-360, Petition for Amerasian, Widow(er), or Special … The government would not let her return to the United States. Mailing a Letter to Japan? Previous Family-Based Immigration; Next Case Status; Contact Us. i601 processing time varies from applicant to applicant. It was all the same, the sheriff's office didn't have anymore records, and our lawyer stated that. A Cover Letter written by the Practitioner should be included in any Waiver package application. Carefully review After the Interview on usvisas.state.gov to learn what to do when you receive your visa, entering the United States, paying the USCIS Immigrant Fee, and other important information. It varies, but looks like interviews are taking about 12 months. Difficult Predictions: Is AccuWeather's 30-day Forecast Accurate Anymore? If my interview is in early 2021, it would have taken 4 years from the time we submitted our I130 😩, It's very stressful. Once USCIS makes a decision on the I-601 waiver, they will issue an approval or denial to both you and the foreign consulate. Wait four to six months for your I-601A application to be approved. My Waiver was approved on May 2019, supporting documents were sent and received by USCIS, however, I have not heard anything about the interview? The I601A provisional waiver process will allow families to apply for the unlawful presence waiver before departing the United States, which should greatly reduce the time the family is separated and will reduce the risk of traveling overseas for the immigrant visa interview. Attending the consular interview abroad after an approved Provisional Waiver: Once you have an appointment at your consulate you should go online and make an appointment for your ASC fingerprinting as soon as possible. Visa interview suggestions, and I-601 waiver questions for illegal entering the US. Hope your case moves along quickly after the 221g. on Form I-601A. After you have completed the steps on the Immigrant Visa Process on usvisas.state.gov, including paying the necessary fees and submitting the required immigrant visa application form (DS-260), the Affidavit of Support, and supporting documents to the National Visa Center (NVC), the NVC will review your file. For Whom Is an I-601 Waiver Appropriate? They receive ours on May 2019 and we still don't know or heard anythingÂ, The 601A waiver took 1.5 years. If you know neither the enemy nor yourself, you will succumb in every battle.”, You need to be a member in order to leave a comment. After we received the I601A approval, the lawyer sent the case to the NVC, and then we waited a year for the interview. Waivers (I-601 and I-212) and Administrative Processes (221g), Consulate & USCIS Service Center Discussion. How long will it take? 7 min read Hi..how long to ok to get your waiver approved?? It's so very frustrating. She went to an interview. Write the USCIS receipt number for your Form I-212 in Part 1., Item Number 29.b. What happens next at NVC? He's been there for 4 weeks today.Â. He was told that his wife would be able to re-enter the U.S. after her interview. My husband had an arrest from 2002 and the police left a lot blank, so the consulate requested court documents and the police record. We began our case in March of 2015. If you wait you may not get an appointment for the day efore your consular interview. The packet will explain how to set up a new interview appointment at the consulate. His lawyer doesn’t want to bring it up unless they do. So it took almost 5 years to get to the interview. Form I-601 provides an opportunity to apply for an extreme hardship waiver or other US waiver if you have been deemed inadmissible pursuant to one or more of the following sections of law The applicant will know – before having to leave the United States – if his or her waiver has been approved. What happens after the interview? Complete Form DS-260 and submit it to Immigrant Visas.state.gov. The waiver does not take effect until after he appears for the immigrant visa interview and he has left the United States. Immigration US visas Immigrant visas Visa application. More . i 601 Processing Time: Everything You Need to Know. © 2003-2021 VisaJourney. On the I601A forum, some people have mentioned receiving an interview letter only a couple months after the waiver approval. I was waiting for the interview and the lawyer was waiting on me to make the next payment, so be sure your packet was sent to the NVC.

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