understanding the waiver and when and how to use it

[Afrilaskan Queen 0]

Hello All,

I have read through the waiver section here on the website. Can you please give me some focus or direction? As I understand the waiver is to prove a hardship is created for the petitioner if the beneficiary cannot immigrate. Correct? Though I have read that people have taken a waiver with them to an interview in case that visa is denied. Correct? I have been under the impression that a hardship wavier is the last choice on the list, when you run out of options. Is that accurate? I would like to understand how people have used this waiver and how long it takes to apply for it.

Thanks.

[byran910 0]

Hello All,

I have read through the waiver section here on the website. Can you please give me some focus or direction? As I understand the waiver is to prove a hardship is created for the petitioner if the beneficiary cannot immigrate. Correct? Though I have read that people have taken a waiver with them to an interview in case that visa is denied. Correct? I have been under the impression that a hardship wavier is the last choice on the list, when you run out of options. Is that accurate? I would like to understand how people have used this waiver and how long it takes to apply for it.

Thanks.

The 601 waiver program is for immigrants who has been denied a visa at the embassy and are qualified to file a waiver to over come the denial.You cannot file a waiver if you case is pending . You stated that your spouse case is waiting another six month of back ground checks . The current processing time for F.B.I back ground checks is 3months . When you are contacting your senator office you have known all the facts of your case and be able to explain what you want the senator to assist you with .The senator office staff don,t vast knowledge of immigration laws and processes . I have read your posting and it not very detailed .

You contact Ombudsmans Office informed them that your case is out side the processing time .Returned petitions should processed with 6 to 10months . Filled out a (CIS Omudsman form DHS-7001) and mail to the address on the form .

Click on the link below ,it show u the processing time of back ground checks .Print a copy and send it with a letter to senator office informing them that based on this information the processing time has been exceeded .

http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf

There is one thing you have to understand , immigration don,t always follow their policies and procedures ,but the information you have it would help you makre sure that your case is being processed according to the stated policies .

If you have any more questions , i am here to assist you in any way i can ,good luck .

[taurean 0]

Let me preface my statement by saying that I am not well-versed in the area of waivers and such, but I'd still like to add my two cents here. I don't think you can file a waiver in this case until some application or petition have been denied. As you have stated the facts, there has been no denial yet. Instead your I129f expired, and your I130 has been misplaced. It seems like the key to moving your situation forward is to determine where your I130 actually is. Until that application is located you will not know where you are in the process.

Although you have retained an attorney, I feel you have to be your own best advocate. You don't have to sit back and wait for your attorney to call USCIS, DOS or NVC. If I were you I would devote some time to getting in touch with the right person at the NVC to determine where your application is. I think byran mentioned contacting an Omsbudman. That sounds like a great place for you to start. The thing is you have to do something! And your attorney (who may be well meaning) should take direction from you. If you want your attorney to make the calls, then have him/her make the calls!

Hopefully there will be others to come along to help give you more direction, but I just wanted to encourage you to be more proactive.

Good luck to you!!!!

[Afrilaskan Queen 0]

Let me preface my statement by saying that I am not well-versed in the area of waivers and such, but I'd still like to add my two cents here. I don't think you can file a waiver in this case until some application or petition have been denied. As you have stated the facts, there has been no denial yet. Instead your I129f expired, and your I130 has been misplaced. It seems like the key to moving your situation forward is to determine where your I130 actually is. Until that application is located you will not know where you are in the process.

Although you have retained an attorney, I feel you have to be your own best advocate. You don't have to sit back and wait for your attorney to call USCIS, DOS or NVC. If I were you I would devote some time to getting in touch with the right person at the NVC to determine where your application is. I think byran mentioned contacting an Omsbudman. That sounds like a great place for you to start. The thing is you have to do something! And your attorney (who may be well meaning) should take direction from you. If you want your attorney to make the calls, then have him/her make the calls!

Hopefully there will be others to come along to help give you more direction, but I just wanted to encourage you to be more proactive.

Good luck to you!!!!

Hi Taurean,

Thanks for your encouragment. Well CIS claims that they have our I-130, back from NVC, they tied it to the denied but expired I-129.... So yes, they have denied us, at the interview, but that is the last thing that occured. Since that 2 years nothing has happened. However we were told there are background checks going on. In all those years we never received an request for AOS fees. Either CIS never sent it, or NVC's denial of record for our petition is false. I am not sure if that is important to find out - but I feel somehow it must be key.

The reason I haven't been contacting CIS myself, or now the Omsbudsman is because the senator was helping but also - most importantly - is that the attorney said it a bad idea to call and annoy CIS regularly - that they don't like it and could take it out on us a bit. That is why I keep holding back, I figured that the senator called repeatedly.

But from what I'm reading, it's like you're fighting for your case not to get lost among millions of others. Thank you again for your points, I'm carefully considering everyone's view, I hate sitting here doing nothing for so many years, just as everyone else who has experienced it would feel I imagine.

[momof1 205]

I will tell you how it went for us so you may have an idea. We filed the I-130 stateside while my husband was in the US for asylum only proceedings. We were called in for a local interview about one year after filing, and the petition was approved 1.5 years after that in July 2005. At the time, name checks lasted for years and there wasn't much you could do about it. After we went outside of normal processing time our lawyer inquired into the status of our case every 30 days. We always got the same answer...administrative processing/background checks.

Anyway, fast forward to july 2008 we had our immigrant visa interview in Algeria. Visa was denied due to fraudulent entry, visa overstay, and deportation. I-130 petition NOT denied, revoked, or sent back to the US.

You do not file the 601 waiver until you have been found inadmissible. It doesnt seem that you have gotten to that point bc the issue seems to be with your I-130. Only when the I-130 is "approved" at the consulate can they deem you inadmissible thus allowing you to submit the waiver.

I hope that made sense bc I'm on my break at work I'm not sure how to direct you because we just had to wait. I like the recommendation about contacting CIS ombudsman though. Don't give up!

[momof1 205]

Also wanted to add that the purpose of the 601 waiver is to allow a person to "waive" the ban that prevents them from going to the US. The bans range from 3 or 10 years or forever.

I believe Nigeria waivers are adjudicated in Ghana, but don't quote me on that. Once you are denied your visa, your waiver application and all applicable hardship evidence will be submitted and sent to the DHS office responsible for adjudicating Nigeria waivers. Most quoted timeframes(outside of Mexico) seem to be 180 days, but that is just an estimate. If the waiver is approved the file will be sent back to the embassy in Nigeria where the visa will ultimately be issued.

[byran910 0]

Let me preface my statement by saying that I am not well-versed in the area of waivers and such, but I'd still like to add my two cents here. I don't think you can file a waiver in this case until some application or petition have been denied. As you have stated the facts, there has been no denial yet. Instead your I129f expired, and your I130 has been misplaced. It seems like the key to moving your situation forward is to determine where your I130 actually is. Until that application is located you will not know where you are in the process.

Although you have retained an attorney, I feel you have to be your own best advocate. You don't have to sit back and wait for your attorney to call USCIS, DOS or NVC. If I were you I would devote some time to getting in touch with the right person at the NVC to determine where your application is. I think byran mentioned contacting an Omsbudman. That sounds like a great place for you to start. The thing is you have to do something! And your attorney (who may be well meaning) should take direction from you. If you want your attorney to make the calls, then have him/her make the calls!

Hopefully there will be others to come along to help give you more direction, but I just wanted to encourage you to be more proactive.

Good luck to you!!!!

Hi Taurean,

Thanks for your encouragment. Well CIS claims that they have our I-130, back from NVC, they tied it to the denied but expired I-129.... So yes, they have denied us, at the interview, but that is the last thing that occured. Since that 2 years nothing has happened. However we were told there are background checks going on. In all those years we never received an request for AOS fees. Either CIS never sent it, or NVC's denial of record for our petition is false. I am not sure if that is important to find out - but I feel somehow it must be key.

The reason I haven't been contacting CIS myself, or now the Omsbudsman is because the senator was helping but also - most importantly - is that the attorney said it a bad idea to call and annoy CIS regularly - that they don't like it and could take it out on us a bit. That is why I keep holding back, I figured that the senator called repeatedly.

But from what I'm reading, it's like you're fighting for your case not to get lost among millions of others. Thank you again for your points, I'm carefully considering everyone's view, I hate sitting here doing nothing for so many years, just as everyone else who has experienced it would feel I imagine.

Your att told you not to contact the cis because they could get angry . This really sounds ridiculous to say the least . When my case was denied the Consular officer lied that my marriage of six year did not have enough documentation to prove we had an established marriage . The consular officer has a policies that they must follow and so with Case workers at the Cis . But most people are not ware of the process so they suffer long wait due to the incompetence of these officers . Knowledge is power , please educate yourself to help yourself . If I were you , I would call every day until some one give you an answer . Don,t you know by calling it shows that you have a genuine relationship and they cannot keep ignoring you and they would have to answer you .

[Afrilaskan Queen 0]

Thanks momof1, for all this info. I now understand that I'm not in line for a waiver. You really have been through a lot. I can only imagine how you coped each day through all of that stress. I was interested to read that your lawyer inquired to the status of your case every 30 days - our lawyer has inquired at the times that they were instructed to. I see you left another reply that I want to read and reply to separately. I don't see how asking for the help of the Omsbudsman can hurt at this point. Somtimes I think our lawyer is very helpful, sometimes I get conflicting information that puzzles me exceedingly. Take Care...