Worried over 601 process-I-130 still pending

[flowersmai 0]

Hi,

I am a USC and my husband self deported the US after 20 years in America. Before leaving we filed the I-130 in June 2017. Up to now, nothing except a receipt number.We had planned to leave the country and 6-8 months we would have gotten the I-130 approved to be able to file the 601. Sadly it has been 17 long months and I have to return to the US. We had a lawyer who keeps saying the deportation prosecutor did something "dirty" with our file. He encourages us to file a new I-130-which we refuse to do . We don't want to be on back of this dreadfully long line again.

 

We are searching a new dedicated Paralegal or lawyer who truly knows how to research and prepare an expedited 601 waiver when the I-130 is approved. We have inquired with our congressional office, I traveled to the US to inquire in person but nothing.

 

Any advice, prayers and kind words would be very welcomed.

Best,

[LoveMyTico 999]

As I remember, you can't file the I601 until you goto the interview and they give you permission to file it. You need the instruction sheet from them.  Its very difficult to get an expedited waiver. Your long wait isn't a reason to expedite. I suspect the Trump admin is finally taking a long look at all applicants. They are not obligated to hurry, especially with that caravan coming.  I would even bet the timelines will get even longer.  When DACA first started, it slowed everything down because the USCIS made those the priority. 

If you file another I130, it will just get flagged because there's already one in process. That's a waste. 

[flowersmai 0]

Thank you, I am stressed. We are looking into Canada.

[K & R 343]

10 minutes ago, flowersmai said:

Thank you, I am stressed. We are looking into Canada.

Unless you have a significant job offer in Canada or qualify for residency through a relative Canada is really difficult to immigrate to. 

 

When trump was elected a lot of Americans said “oh I’ll just move to Canada” but they had no idea how difficult it is without connections there.

 

it might be worth getting a senator or congress person involved again. It wouldn’t hurt to try. Unfortunately being in the US illegally is pretty big. I know a lot of bars and things are lifted to spouses of USC but it’s still a tough hill to climb. The reality might be you having to live there permanently. I’m sorry you’re going through this and truly hope for the best

[geowrian 22,335]

I-601 would be filed only after being otherwise eligible for the visa. This would be after the interview.

Expediting an I-601 is possible but pretty difficult. ON what basis would there be an expedite? On what basis is there a hardship? Both of those items will need to be well addressed and documented.

 

18 hours ago, flowersmai said:

We had a lawyer who keeps saying the deportation prosecutor did something "dirty" with our file.

Much more likely he's trying to misdirect blame elsewhere. The prosecutor has no impact on your I-130.

 

Did you make a service request to see what is going on with your case? What was the result?

Edited November 19, 2018 by geowrian

[TBoneTX 43,058]

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