Employees of International Organizations - Form I-508 (Waiver of Rights, Privileges, Exemptions and Immunities)

[O'Kara 0]

Hello, everyone. Hope you can help me out, as I cannot find any information on the issue below.

We are currently in process of applying for the CR1 visa in Bulgaria. My husband is a naturalized U.S. citizen and I am his beneficiary. Our Immigrant Petition I-130 has been approved in February 2014 and we are waiting for further instructions from the National Visa Center. It is our assumption that the whole process until the final interview at the U.S. Embassy in Bulgaria will take another 2-3 months.

I am going to quit my current job in one month. In April, I will start working at the United Nations in Bulgaria. I am going to quit this new job once I receive my CR1 visa, however, I believe that I still may be employed at the United Nations in Bulgaria during my CR1 visa application/interview (in 2-3 months from now).

The following came to my attention when I read the information on the NVC/USCIS website:

"Under Section 214(b) of the Immigration and Nationality Act, an alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act, or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 247(b).

It is my understanding that the following Form I-508, Waiver of Rights, Privileges, Exemptions and Immunities is meant:http://www.uscis.gov/sites/default/files/files/form/i-508.pdf

Based on the instructions to this Form I-508, the form is usually used by "a person whose occupational status entitles [this person] to nonimmigrant status [under the Immigration and Nationality Act (INA)] as a Government Official, Treaty Trader or Treaty Investor, or International Organization Representative, respectively, to waive rights, privileges, exemptions, and immunities associated with such occupational status". Further, it is my understanding that this form is filed together with the adjustment of status Form I-485 when persons are holding diplomatic visas, are living in the United States and want to adjust their status in the United States as immigrants.

In connection with the above, I have the following questions:

1) Considering that I am going to be a United Nations employee in Bulgaria (not in the United States) during the time of my interview for a CR1 visa at a U.S. embassy, do I have to file this Form I-508, Waiver of Rights, Privileges, Exemptions and Immunities/or any other form? Could you please cite the respective language of the law/statute/case law that proves your conclusion or tell your experience with the same issue?

2) If I have to file the Form I-508, how can this waiver affect our CR1 interview/visa issuance (which we expect in 2-3 months), in particular the timing of it?

3) If I have to file the Form I-508, does this waiver have to be approved by USCIS? If so, how long does it usually take?

4) When should I file this waiver? Provided I start in April, should I file only in April? From what moment does this waiver become valid?

5) If I have to file the Form I-508 and if our I-130 Immigrant Petition was adjudicated at the California Service Center, where should I send this waiver? What is the address?

Many thanks,

Kara

[Ryan H 3,907]

Moved from Progress Reports to Process & Procedures.

[milimelo 4,753]

What's the title of your new position with the UN? You'll probably be locally employed staff in Bulgaria of UN and that doesn't give you any immunities or privileges so no I-508 required.

[Nastechka 9]

Interesting... Maybe u should contact an attorney

Edited March 2, 2014 by Nastechka

[LoveExile 27]

I think you level is important, and whether or not you are considered internationally-recruited. Will you be P-5 or above? Those have the highest privileges.