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I have a complex question - if on vwp and doing AOS if there is a potential misrep for a previous visa, not on vwp is it possible to submit the I-601 Waiver afterwards?

lawyer told us that if that were to happen, and probably won't - we were asking for scenarios - he said we have file the I-601 waiver, i did not think that you had rights to submit a waiver on VWP

any thoughts?

From what i have read, it seems only ninth circuit states can apply for the waiver?

Denied Applications

A VWP overstay whose case is denied by USCIS has no appeal rights and may not be placed in removal proceedings before an immigration judge. There is, however, an exception for cases filed within the jurisdiction of the Ninth Circuit.10 A VWP overstay who is an immediate relative and whose Form I-485 was filed within the 90-day period of admission within the jurisdiction of the Ninth Circuit is entitled to be placed in removal proceedings under INA section 240 should the adjustment application be denied by USCIS. In such cases, USCIS will refer the case to ICE for its consideration. USCIS may also issue an NTA before referring a Ninth Circuit case to ICE, if doing so is consistent with USCIS guidance on NTA issuance.

Edited by JCV

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**** Moving from CR-1 spousal visa to AOS from Tourist visa form as the most closely related to the question. *****

Edited by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Never heard of someone doing a waiver on the VWP, B and Canadians I have see .

You waive your rights to appeal, a I 601 is not an appeal.


“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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