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Filed: IR-5 Country: Jordan
Timeline

Hello, everyone!

I am writing a 601 for my mother to join me in the US from Jordan. Long story short, she was told that she had misrepresented herself during an interview and they determined she was permanently inadmissible to the US. This was an erroneous decision. Our only choice is to send a I-601, as noted on her rejection letter from the US Consulate in Jordan. At the advice of attorneys, I have decided to begin my 601 by explaining why a waiver is not necessary and that she should have a new interview with the Consulate sans the charge of misrepresentaion (a de novo interview, if you will). I am following this basic outline.

I. Beginning

A. Greeting

B. List of Exhibits

C. Purpose of Letter

II. Body

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Filed: AOS (apr) Country: Cyprus
Timeline

Hello, everyone!

I am writing a 601 for my mother to join me in the US from Jordan. Long story short, she was told that she had misrepresented herself during an interview and they determined she was permanently inadmissible to the US. This was an erroneous decision. Our only choice is to send a I-601, as noted on her rejection letter from the US Consulate in Jordan. At the advice of attorneys, I have decided to begin my 601 by explaining why a waiver is not necessary and that she should have a new interview with the Consulate sans the charge of misrepresentaion (a de novo interview, if you will). I am following this basic outline.

I. Beginning

A. Greeting

B. List of Exhibits

C. Purpose of Letter

II. Body

Follow this link and their advice for 601 waivers http://immigrate2us.net/forum/forumdisplay.php?131-I-601-General-Waiver-Information

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: IR-5 Country: Jordan
Timeline

Hello, everyone!

I am writing a 601 for my mother to join me in the US from Jordan. Long story short, she was told that she had misrepresented herself during an interview and they determined she was permanently inadmissible to the US. This was an erroneous decision. Our only choice is to send an I-601, as noted on her rejection letter from the US Consulate in Jordan. At the advice of attorneys, I have decided to begin my 601 by explaining why a waiver is not necessary and that she should have a new interview with the Consulate without the charge of misrepresentation (a de novo interview, if you will). I am following this basic outline (below). I have also written it in third person to make it seem more official. If anyone has tips, or anything to tell me about how i should format everything, please tell me. So far, I only have this typed up on my computer. I need to get my exhibits together, print it, and send it in. Should I put it in a folder? and how should I organize it? Does it need to be a new page per section? Please tell me how to edit this so that an adjudicator can see how important this is to me, and how much time and effort I put into this. Please only constructive comments. I don't need people who don't know me or my situation second guessing what I think is the best move. I just need people to tell me how to format this 601, and tell me if I've forgotten anything. Thank you.

I. Beginning

A. Greeting

B. List of Exhibits

C. Purpose of Letter

II. Body

A. Facts/Timeline of events and my mother's actions

B. Statement of Law (Law cases that relate to our situation and how the law is on our side)

C. Analysis (Explanation of law and how it SPECIFICALLY correlates to my mother's actions

D. Contentions (This relates directly to why we should not have to file a 601, and how we were victimized by the process)

III. Hardship to USC

A. Education

B. Personal Relationships, including fiance in US

C. Employment with the Department of Criminal Justice in United States

i. Cost of living compared to income in both Jordan and US

ii. USC is tax payer and contributes to the betterment of his area by serving in the law enforcement field

iii. USC owes money in US. Relocating would negatively affect his credit for at least 7 years.

D. Social difference between US and Jordan

E. Mental anguish of USC in day to day life

F. Depression, seeking professional help

G. Loss of financial security should USC relocate

H. Political instability in Jordan

I. USC has planned for mother's return. Mother has job in US. Mother would assimilate quickly into US because of son's preparation

IV. Conclusion

A. How hard USC had been working to get mother here

B. What we want (removal of inadmissibility and give mother a second interview asap)

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Filed: K-1 Visa Country: Wales
Timeline

Who is the qualifying relative?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
Timeline

None of the Lawyers mentioned that a son can not be a qualifying relative?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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A child can be a qualifying relative.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: K-1 Visa Country: Wales
Timeline

This is Misrep

Who is a "Qualifying Relative"?

To have a waiver approved, the applicant for the green card or immigrant visa must show that a qualifying relative will suffer extreme hardship if he is not approved. A qualifying relative is either a US citizen (USC) or a lawful permanent resident (LPR) relative. A qualifying relative may be the applicant's spouse or parent for all of the above-mentioned grounds of inadmissibility. A USC or LPR child may only be a qualifying relative for prostitution or commercialized vice (gambling); crimes involving moral turpitude; and simple possession of marijuana. These grounds of inadmissibility require a USC or LPR spouse or parent: prior order of deportation; and fraud or misrepresentation.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-5 Country: Jordan
Timeline

That is nay saying and I don't need comments like that. While I understand you think you are being helpful by telling me that, you are not and I clearly stated why I asked my question and what sort of response I am looking for. I need someone who can help me with the organization of my waiver. Also, you should have known it was a child who was acting as the qualifying relative by the repeated use of the word "mother".

For future comments, please help me with the format and organization of my waiver, and what arguments you think I am missing. Thank you.

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Filed: Citizen (apr) Country: Nigeria
Timeline

He is trying to be helpful Unless your mother has a spouse of a parent in the US that is a citizen of an lpr there is is no one that ualifies to file the I601. You could write the best waiver in the world but there would be no one "qualified " to submit it

The law requires that in order to obtain an waiver, the applicant must demonstrate “extreme hardship” to a qualifying relative. Qualifying relatives must be spouses or parents who are U.S. citizens or lawful permanent residents (LPRs). However, a person with only an LPR spouse or parent, while eligible to apply for a regular I-601 waiver abroad, is ineligible to qualify for an I-601A provisional waiver in the U.S.


That is nay saying and I don't need comments like that. While I understand you think you are being helpful by telling me that, you are not and I clearly stated why I asked my question and what sort of response I am looking for. I need someone who can help me with the organization of my waiver. Also, you should have known it was a child who was acting as the qualifying relative by the repeated use of the word "mother". For future comments, please help me with the format and organization of my waiver, and what arguments you think I am missing. Thank you.

As a child you are not able to file an I601 for your parent

This will not be over quickly. You will not enjoy this.

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Filed: Citizen (apr) Country: Ecuador
Timeline

Duplicate threads merged.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: K-1 Visa Country: Wales
Timeline

I don't believe any here will be able to help you with a waiver. Try immigrate2us as they deal with waiver/difficult immigration issues.

I2US is pretty dead nowadays.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-5 Country: Jordan
Timeline

I understand that. My mother does not have a spouse or parent to submit the waiver for her. It is an arbitrary decision that only a spouse of parent can file a 601 in the case of misrep. Therefore, our lawyer had suggested we file the waiver and explain what our situation is, and explain in great detail how the officer made a serious mistake when he denied my mother. I have spent enough time thinking about this and talking to professionals (including the higher tiers of USCIS). For the sake of this post, please assume that I have the right to submit this waiver. How should I organize this, and how can i make it so that I have the best chance of getting approved?

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My bad, didn't scroll down.

OP, for your best chance of success, hire a lawyer and have him do this instead of you.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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