i have a complicated case. i will try to provide everything in a nutshell.

- got denied for immigrant visa at montreal consulate april 5th
- had approved 212 and 130
- rude lady said i was unlawful in the us over 180 days and would not take a look at my documents
- i was never unlawful in the us, lawyer attempting to re-send info and hopefully they will re-look at it
- how do i fill out a 601 when all my years in the us were legal?
- would that count as a USCIS error when attempting expedited processing?

more details:

- was born in former yugoslavia, now serbia
- came to us when i was in first grade with parents when yugo was at war and falling apart
- after one month in the us, we filed asylum (legally had 1 year to file)
- it took them a long time (lost cases?) to finally deny us (USCIS states while an asylum is pending, you do not accrue unlawful presense)
- we left the us when i was 20 (had a job, graduated high school early, went to college, did everything right, which is why i think the 212 was approved)
-we couldn't go to serbia, i was really young when i left, i do not speak the language, i would not be able to find a job, a place to stay, etc
- so my family moved to canada (legally, couple weeks after denial, but before we got mandate to leave)
- we have a case pending here, getting reeeeeeally close to making decision, got to our case, asked for more documents, but since our documents are hard to get (serbia is being a b*tch, not wanting to give us certain things since we are not serbian, we speak romanian) they gave us more time than their usual days-to-get-back-to-us

- i met my husband when i was 19, everything was going well, then we got denied.
- we still kept dating since he was just in michigan and me in windsor, canada (half hour drive)
- after me being in canada 2 years, we decided to get married (we didnt rush anything, i didnt even want to go to the us after they were so rude, but i missed seeing him every day and his family and friends, so we decided to apply for 130, and 212 since i had to leave) we're been together 4 years now, seeing each other basically every day before i left and every weekend now for 3 years while i've been in canada

given that on top of me never having been there unlawfully, my case here canada might get denied any day (never know ) and i might be sent to serbia, where we have inches of documents about the conditions and how they treat non-serbians, would i be able to qualify for expedited 601 waiver processing? also, the only way for us to be together is for him to go to serbia then, too. and then we can easily show how we would be facing extreme financial hardship since neither of us speaks serbian, lol

( i hope our lawyer can just re-send them my documents and they will actually read them all this time, and all this 601 b.s. can be avoided)

This case is far too complicated for the opinion of anyone in this forum. You really need to rely on your attorney, and I do hope you have found a competent one. Your scenario deals with several different areas of immigration law.

I doubt there is such a thing as expedite for a waiver, but your lawyer should be able to answer.

They should also be able to delay or halt any order of removal that you may fear by filing the appropriate motions for you.

Expedites for waivers are usually granted only when the USC is on their deathbed or about to be deployed.

You would have to check with the consulate you are dealing with in Canada to know if you would qualify for an expedite.

thanks. turns our the consulate was wrong, as my husband and i thought. i guess she just didn't like for some reason. now our lawyer is filing a complaint because she would ask for documents, then push them back after we tried sliding them under the window, ultimately saying i did not have documents and gave me a 601 to file.

so now my husband spoke with our senator and explained the situation and he said he can get things reviewed again within a couple weeks (just need to give him the documents and dates and all that other fun stuff, a letter from our lawyer, and the documents she wouldn't take to look at)