INTERNATIONAL WAIVERS SUPPORT GROUP

[Sergi9 110]

Don't see many waivers lists or support area's on this board. I noticed the London Board here but its dwindling down as most have been approved, but still no significant "volume" of folks. Have been lurking here for a long time as well as another board where there seems to be lots of CDJ Waivers but not many in Europe or the middle east. So I was thinking ... how about "consolidated misery" area?

While there is benefit of information specific to country of application for waivers, the LAW and the process is the same for all waivers so maybe one thread to hold hands and commiserate and share wisdom might work?

We are going through Moscow and submitted a couple of months ago. Jump in share your wisdom past or current or concerns about your future VISA denial.

Coffee, tea and danish for everyone !

Edited November 12, 2010 by Sergi9

[Sergi9 110]

Here is a inspirational quote that applies to Waiting on Waiver or AP;

'Whenever God Closes One Door He Always Opens Another, Even Though Sometimes It's Hell in the Hallway.'

[Mintchip 0]

Here is a inspirational quote that applies to Waiting on Waiver or AP;

'Whenever God Closes One Door He Always Opens Another, Even Though Sometimes It's Hell in the Hallway.'

Thanks for starting this thread, Sergi9. My husband and I are waiting for our attorney to complete his waiver application and send it in as he was denied last month. This is such a frustrating experience!

I do have a couple of questions. Did you prepare your waiver yourself, or did you use an attorney?

And does anyone know how to light a fire under the attorney without antagonizing him/her? I'm getting so tired of all this waiting and want to be with my husband.

Thanks.

[sachinky 464]

Mintchip--what was the reason for your denial?

[Mintchip 0]

Mintchip--what was the reason for your denial?

My husband was convicted of a CMT three and a half years ago. He was sentenced to 2 months in prison for it, and came to visit me once here in the US on the VWP without checking "yes" on his landing card to having committed a crime. So, they got him on misrepresentation as well.

[Used to be broken 143]

Thanks for starting this thread, Sergi9. My husband and I are waiting for our attorney to complete his waiver application and send it in as he was denied last month. This is such a frustrating experience!

I do have a couple of questions. Did you prepare your waiver yourself, or did you use an attorney?

And does anyone know how to light a fire under the attorney without antagonizing him/her? I'm getting so tired of all this waiting and want to be with my husband.

Thanks.

We used an attorney but the "evidence gathering" even when using and attorney is mostly the task of the petitioner and beneficiary. Depending on what hardships are being claimed you will be collecting medical records, statements from doctors, friends, family members and community etc. The "job or role" of your attorney is to evaluate your case first and foremost for eligibility, because why waste the time and money if you are not legally eligible, but also to help you articulate the hardship so it flows in a logical and concise way for the adjudicator.

You will write the hardship letter under his/her advice, and then the attorney will organize and arrange the packet and provide a brief and cover letter for the USCIS outlining some case law and laying out why you should be allowed discretion. Not sure if you are also doing an I212 .

As to the issue of time to do the work, has your husband gone to the interview already? Not sure why if your end is ready the attorney would be dragging feet. Just have a frank discussion, the case law hasn't changed much so its a matter of organizing the packet and slapping a brief together it should not take that much time once you have all the evidence you have been directed to collect.

[Mintchip 0]

We used an attorney but the "evidence gathering" even when using and attorney is mostly the task of the petitioner and beneficiary. Depending on what hardships are being claimed you will be collecting medical records, statements from doctors, friends, family members and community etc. The "job or role" of your attorney is to evaluate your case first and foremost for eligibility, because why waste the time and money if you are not legally eligible, but also to help you articulate the hardship so it flows in a logical and concise way for the adjudicator.

You will write the hardship letter under his/her advice, and then the attorney will organize and arrange the packet and provide a brief and cover letter for the USCIS outlining some case law and laying out why you should be allowed discretion. Not sure if you are also doing an I212 .

As to the issue of time to do the work, has your husband gone to the interview already? Not sure why if your end is ready the attorney would be dragging feet. Just have a frank discussion, the case law hasn't changed much so its a matter of organizing the packet and slapping a brief together it should not take that much time once you have all the evidence you have been directed to collect.

Thanks brokenfamily. We have done all that you've mentioned and are just waiting for the attorney to finalize the packet. We've been working with him since August and he had originally promised to have it done before my husband's interview in October. At the last minute, he said he preferred to wait until after the denial but that it would be done quickly after that. I've been back from London since October 31st and still waiting for it to be completed. With the fees about to increase on the 23rd of this month, I am becoming annoyed that it is growing so close. More importantly, I am so tired of waiting to be with my husband, that my patience is wearing thin.

As for I212, we don't need to do one of those as my husband was never deported or removed.

Thanks for your post.

[Mintchip 0]

I need to vent and please let me know if I am overreacting. Began getting our I-601 waiver packet organized and in the hands of an immigration attorney in August. I've done everything he has asked in a very timely fashion, and have already paid over 2/3 of his fee. He keeps moving the completion date of the packet further and further ahead, while ignoring my phone calls and emails. I have not made a pest of myself and have been quite patient. On November 24th, his paralegal emailed saying that he needed a few more days (this was after he assured me it would be done before the rate increase on the 23rd) to complete it. On December 3rd, he asked for more information from me, which I sent immediately. This past Friday, the 10th, I emailed expressing my anxiety and asking when he expected to have it finished as I still need to get the affidavits back for signatures. As of now, I have not received a reply. I do realize that I am not his only client, but he keeps telling me it is almost ready - or will be very soon, and then weeks pass by. I am getting very frustrated, but am afraid of getting too angry with him because I do want him to do a good job.

Thanks.

[Sergi9 110]

I need to vent and please let me know if I am overreacting. Began getting our I-601 waiver packet organized and in the hands of an immigration attorney in August. I've done everything he has asked in a very timely fashion, and have already paid over 2/3 of his fee. He keeps moving the completion date of the packet further and further ahead, while ignoring my phone calls and emails. I have not made a pest of myself and have been quite patient. On November 24th, his paralegal emailed saying that he needed a few more days (this was after he assured me it would be done before the rate increase on the 23rd) to complete it. On December 3rd, he asked for more information from me, which I sent immediately. This past Friday, the 10th, I emailed expressing my anxiety and asking when he expected to have it finished as I still need to get the affidavits back for signatures. As of now, I have not received a reply. I do realize that I am not his only client, but he keeps telling me it is almost ready - or will be very soon, and then weeks pass by. I am getting very frustrated, but am afraid of getting too angry with him because I do want him to do a good job.

Thanks.

No you are not overreacting. Its a reasonable human emotion to feel this way. Your attorney is going home to his wife so he cannot appreciate your situation. Does your attorney have a secretary or an associate that works on the files? Maybe you can approach that person, if not call until you get him on the phone and ask what the holdup is. He may have court appearances and if he is a one man shop, it can be some more time. If there is something you can do to jump in there and pull it together .. what is he providing? A brief? Or just going over the material to check it for you? Take his temperature, and ask for a draft of the brief in email, so you can look it over, then force him to schedule some time a specific date it needs to be done by.

[carlhales 0]

My husband was convicted of a CMT three and a half years ago. He was sentenced to 2 months in prison for it, and came to visit me once here in the US on the VWP without checking "yes" on his landing card to having committed a crime. So, they got him on misrepresentation as well.

with his conviction so recent in uscis terms and now the misrep charge you have a very mountainous hill to climb. to get a misrep overturned is very very hard but do able. i managed to get my misrep overturned.

what was the cimt for.

i think if you need some real help i would go the i2us.com much more info on there.

[LuckyOK 0]

Sergi9, did you get the answer on your waiver already? We will be going through Moscow, too. I know that Moscow usually takes 3-4 months to make a decision, depending on the case. How long are you waiting? If you don't mind to share, what were the grounds for your unadmissability and on what is the base for your waiver?

[Mintchip 0]

with his conviction so recent in uscis terms and now the misrep charge you have a very mountainous hill to climb. to get a misrep overturned is very very hard but do able. i managed to get my misrep overturned.

what was the cimt for.

i think if you need some real help i would go the i2us.com much more info on there.

His cimt was on four counts of deception. He defrauded a client, which was very wrong. We are in the midst of having a hardship waiver prepared, but it is taking a long time. My attorney keeps telling me it will be ready and then it's not. He said we have a strong case, it's just that I am growing more and more frustrated by the length of time it's taking.

I will check out that i2us.com site. Thanks.

[Used to be broken 143]

His cimt was on four counts of deception. He defrauded a client, which was very wrong. We are in the midst of having a hardship waiver prepared, but it is taking a long time. My attorney keeps telling me it will be ready and then it's not. He said we have a strong case, it's just that I am growing more and more frustrated by the length of time it's taking.

I will check out that i2us.com site. Thanks.

i know this is not what you want to hear, but a criminal waiver is a bit trickier than an overstay or an EWI. If you are confident this attorney is the best at this type of waiver let him prepare it properly. Time spent apart is hard but there is no way around it in these cases. Try to have a nice holiday in spite of it.

[Michele Chirco 0]

I have a question My husband is in the pending 601 category. My Mom illness was my hardship. Unfortunately she has since passed away. How will this affect us

[RichiJenny 14]

You could perhaps try for an expedited decision on the basis that your spouse is needed to assist you during your grieving etc.

No doubt it is a time for terrible loss for you and Im sorry to hear your news.

I imagine this wasnt the only 'hardship' that you included in your waiver packet?