Hi all ,I am applying for a c-r-1 immigrant visa ,i-130 via csc and then via US Embassy in London.I know for sure i will need a waiver due to past convictions ,has anybody got an idea how long it takes to adjudicate the waiver ? my lawyer says it will go to Vermont service centre . Thanks ,Andy.

No, your waiver will be filed at the US Embassy in London after your denial - I would definitely ask your lawyer why he doesn't know this. The only time you would file at Vermont would be if you were already in the US - is this the case? If so, they are very, very, very slow. People have waited up to one year.

Take a look at the London embassy website -- all the information is there including guidelines and an on-line tracking system. Seems to average about 6 months and be sure to include letters from both the petitioner and beneficiary and police records.

http://london.usembassy.gov/dhs/uscis/ivwaiver.html

hi ,thanks for your reply ,i am under the impression that waivers have to be adjudicated by homeland security ,not uscis ,because of the adam walsh law .i hope london can deal with it ,but i beg to differ ,thanks ,andy. p.s. i am in the uk ,with us citizen wife and son.

Waivers are adjudicated by DHS. There is a DHS office associated with each US consulate or embassy. If you are interviewing in London, your denial will be in London and London will process the waiver. That's why they provide all that information on their website including an online tracking system for the waivers they adjudicate. Take a look at their site - all the information you need is clearly spelled out there.

hi,just spoke to my lawyer ,it is sent to vermont ,london look at it ,it is then sent to US for adjudication

I strongly recommend you talk with your lawyer about this. The normal procedure for people in London is to file in London. The good news is that London is relatively fast and has a high approval rate. The only situation where you would file in Vermont is if you already live in the US and entered legally.

Do you currently live in the UK? What is the lawyer's reasoning for sending your waiver to the US for adjudication when the DHS office in London has responsibility for this?

Something seems very very wrong with your lawyer's advice based on my experience.

hi ,our i-130 could not be dealt with in london ,because my wife has not lived in the UK for 2 or more years,she also does not have indefinate leave to remain on her visa .so, london sent our i-130 to csc ,i guess thats the reason.

But YOU live in London and YOU are the one who will need a waiver. YOUR interview will be in London, correct? That means your denial will be in London and they will process the waiver. I would push your lawyer on this - London is where you want it to be - not Vermont.

Andy, this information direct from the London website should clarify - and you should show it and discuss it with your lawyer:

http://www.usembassy.org.uk/dhs/uscis/ivwaiver.html

Filing the Application
In certain circumstances, individuals who have been found ineligible for an immigrant visa under the Immigration and Nationality Act (INA) may file an Application for Waiver of Ground of Inadmissibility (Form I-601). The I-601 and the Extreme Hardship Statements (PDF, 16Kb) are filed with the Consular Officer at the Embassy where the beneficiary of the petition applied for the Immigrant Visa. The Consular Officer sends the application for the waiver and all the required supporting documentation to the U.S. Citizenship and Immigration Services (USCIS) office with jurisdiction for adjudicating the application. If the waiver is approved, USCIS sends that approval notification to the appropriate Embassy for issuance of the immigrant visa. If the waiver is denied, the applicant will be notified in writing of that decision and the immigrant visa will not be issued.

The parts in bold make it 100% clear. Your immigrant visa is being applied for in London. This is the second step, not to be confused with the adjudication of the petition in the US which happens at either the California or Vermont service center.

The CO send the application to the USCIS office with jurisdiction for adjudicating the application. In the case of London, the USCIS/DHS office that has jurisdiction is the London embassy. This is opposed to all of other locations they also adjudicate as the website indicates:

"The London Sub-office of U.S. Citizenship and Immigration Services has jurisdiction for adjudicating I-601 applications submitted to the Immigrant Visa Section at U.S. Embassies in the following countries: (1) United Kingdom; (2) Republic of Ireland; (3) Iceland; (4) Sweden; (5) Norway; (6) Denmark; and (7) Finland

I think your lawyer is very ill-informed. Hope this helps to clarify.

hi ,everything has changed since they brought in the adam walsh law , noyhing can be dealt with at uscis post ,they have no say on matters involving dhs.

The Adam Walsh Law has nothing to do with waivers. If you were no longer eligible to file DCF in London due to the new law, it does not impact your waiver. If you live in London, your interview will be in London. Waivers are filed and adjudicated there. The only change was that the petition - nothing more - was sent to the USCIS office. Approved petitions are sent to the embassy where the beneficiary will interview. In your case, this is London. Since the London embassy IS a DHS post as well (that's why they indicate on their website all of the countries for which they handle waivers), THEY process your waiver.

All I can tell you is that your lawyer is making a mistake that will impact you negatively. You will see at your interview and your subsequent denial that LONDON will ask you to submit your waiver directly to them. Take a look at the thread for people filing waivers in London and contact the London embassy yourself. Remember, lawyers are human and they DO make mistakes. This was could really hurt you.

andywv,

Convictions for what?

Yodrak

hi yodrak ,i have 2 of moral turpitude under the theft act from 1982 , 1 criminal damage 1984 ,1 interference with motor vehicle 1985 , and 2 threatening words and behaviour 1988 ,1998 .

If you're applying for your CR-1 visa and I-601 waiver then it is definitely London that will be processing the waiver. There is a DHS office in the London Embassy and that is where all waivers for visas processed through London are dealt with. I was there for an interview a few weeks ago and am currently putting together my 601 waiver application. I have a lawyer in London with good experience of this and they, as well as the Embassy, have told me that my case will be adjudicated by DHS London.

hi,thanks for the reply ,i hope so ,vermont is a nightmare ,what was yours denied for if you dont mind me asking ? and what does your lawyer reckon? thanks ,andy.

Andy, have you discussed this with your attorney? Since there is no question whatsoever that your waiver will be submitted to London, it seems rather important that your attorney is aware of this and is actually providing you with accurate legal advice.

yes ,at them all the time ,the way i look at it ,i will be taking my pre prepared i-601 to london interview and i guess they will deal with it there

You must have a headache by now.

Kharma for your persistence.

oh yes !!!!

A headache ME beating him over the head about adjudication being in London! (Seriously, the misinformation provided by the lawyer is very worriesome).

eta: Meant to say a headache FROM ME!!!

Hi all!

Well it seems to be I am in a very bad position from hwat I have been reading. But I would like some clarification from you guys since you seem to know your stuff!



I have my I-130 etc filed in Dublin, IRL and they have told me I need a I-212. I am begging for it to be sent to London as they are a USCIS and a DHS office.

The thing is the person at the Embassy was not able to tell me anything but to go to DHS website. Well, that doesn;t help at all!

Do you know where I should file my I-212?

I've got a misrep issue, which can be very tricky to overcome. My lawyer reckons we have a good case and London seems to be good with approvals, although they have been tougher recently. Hoping to get all the paperwork submitted this week or next and then sit and wait. Nightmare!