confused about I-601 waiver, new process?

[mal3104 0]

hello, I am new to this forum and I keep reading about turning in waive to the NVC and then getting approval and lastly going to the interview at Juarez. Is this for specific cases only or is this the new normal?. We went thru the process years ago and then I did hear changes were coming but I need to get up to date. I also hear that now they request a police record from your birth country or like a criminal background check. please help I am confused

[aleful 1,905]

hi

 

nothing has changed, are you sure it's not the i601A you've heard about,? The i601A is done at the nvc stage, but not sent to the NVC

 

NVC only collects documents, it doesn't make any decisions on waivers. the waiver is sent to service centers in the US, once you've paid for the forms at the NVC stage. the i601A is for spouses and minor children of USC and LPR over 18 who are currently in the US and will have the interview in their countries

 

the police certificate or clearance has always been there, you have to submit police certificate from every country you have lived from the age of 16, for 6 or more months lived there, including your birth country

[aleful 1,905]

this is for spouses and children over 18 who entered illegally in the country and overstayed, therefore cannot adjust status in the US

 

or spouses and children of residents that have entered legally but overstayed, since overstay isn't forgiven, they will need a waiver and the petitioner to do a hardship letter

 

they will have their interview in their country, but they are allowed to file a waiver before they leave for the interview

 

 

Edited July 12, 2018 by aleful

[mal3104 0]

ok so my brother and I are US citizens and my mom is married to a permanent resident who is under the process of naturalization but its taking 2 years and his priority date is until 2020. It will be faster for my brother or I to be the petitioner because us citizens are given priority over permanent residents and the wait time is less and she will require a waiver which will be done by her spouse and show extreme hardship. My question is the following because you said that you can submit a waiver before they leave, does that mean they get approval or denial answer when they are here in the United States or do they receive their waiver approval or denial  when they are in their country of origin?

[aleful 1,905]

hi

 

how did she enter the country? if she entered legally, once he becomes a USC she can adjust status with no waiver needed, overstay is forgiven if she entered legally. plus citizenship isn't taking that long

 

it is important to know how she entered the country, if she entered illegally, then she will need a waiver depending on how long she has overstayed

 

 

Edited July 12, 2018 by aleful

[aleful 1,905]

hi

 

since I don't have all the information and don't really know if she needs a waiver at all, it wouldn't be faster,

 

the waiver is processed in the US and the denial or approval will take place before she left, there is a pause in the process. the forms are paid at the nvc stage but not sent until the waiver is decided on approval or denial. if approved, then a person continues the normal process at the nvc stage until the case is complete. the waiver process takes 4 to 6 months

 

and as you stated, her husband would do the hardship letter as you don't qualify for it

 

plus the petition will take over a year, the i130 only can take up to 9 months for approval, so in all it would take a year and a half or more if you or your brother files for her

 

 

Edited July 12, 2018 by aleful

[mal3104 0]

She entered without inspection years ago before she had Us. So she’s would need a waiver and I am trying to prepare for it bc I am the one helping her filloutthe forms . Naturalization for a friend lasted more than 2 years , she just recently had her interview and they told her they were taking longer than usual so we kind of wanted to get things moving and do it thru my brother since we would have to wait for my stepdads naturalization. If  wait times are correct which uscis website was saying that it was 2 years for naturalization process then another year and a half for Green card process it would be a long time. That’s why we opted to have my brother do it since he’s a us citizen and we can star the process now. Ok so your saying that now the waiver gets approved or denied before they fill out the forms from the nvc? Is this something new? . My husband and I did this process back in 2011 so I did hear that changes were coming we’re you would receive the waiver answers here in the states and you could Wait here meanwhile is this the case now? So after the I-130 gets approved they will tell us that we need a waiver or do we need to send the i-601 after it with our pardon packet proving extreme hardship?