601 Waiver timeline 2018

[EnglishLove 112]

Just now, geowrian said:

An I-601 can only be filed after being otherwise eligible for the visa. That would only occur after the interview.

That's what I thought. Thank you! 

[Ruthie 14]

5 hours ago, Pooley said:

Do you fill out the waivers only after you get denied? Or can you submit it before the interview? My fiance has two adult cautions (one being considered a CIMT crime) and a juvenile charge. I was looking into the waivers and confused when to file? Thank you.

You won't "technically" know that you are inadmissible until after the interview. It's still subjective, and sometime the consular officer will over look certain things. You file after your interview if that's what they tell you. Our lawyer filed for us.

[EnglishLove 112]

1 minute ago, Ruthie said:

You won't "technically" know that you are inadmissible until after the interview. It's still subjective, and sometime the consular officer will over look certain things. You file after your interview if that's what they tell you. Our lawyer filed for us.

Thank you! I know I'm worrying, just my OCD kicking in and wanting everything in order. If we are denied, I will most likely do the waiver myself. I would love to fly over and be with him during the interview, but last minute flights are crazy expensive! 

[geowrian 22,335]

9 minutes ago, Ruthie said:

It's still subjective, and sometime the consular officer will over look certain things.

To clarify, some inadmissibilities are based upon the CO's judgement. Others are mandatory by law (i.e. 3/10 year bar due to overstaying). If a CO "over looks" one, it can still be held against you later, for example if you apply for a different immigration benefit they may notice you incorrectly were issued the visa and can start removal proceedings.

Edited February 14, 2019 by geowrian

[EnglishLove 112]

1 minute ago, geowrian said:

To clarify, some inadmissibilities are based upon the CO's judgement. Others are mandatory by law (i.e. 3/10 year bar due to overstaying). If a CO "over looks" a mandatory one, it can still be held against you later, for example if apply for a different immigration benefit they may notice you incorrectly were issued the visa and can start removal preoceedings.

Yes, that is what we were referring to was the CO's judgment. My fiance has two adult cautions that I am worried about. He's never overstayed though so we don't have to worry about that. Which immigration benefit are you talking about?

[geowrian 22,335]

8 minutes ago, Pooley said:

Yes, that is what we were referring to was the CO's judgment. My fiance has two adult cautions that I am worried about. He's never overstayed though so we don't have to worry about that. Which immigration benefit are you talking about?

Gotcha. So there is a judgement call in your case if the crimes fall under a provision resulting in an inadmissibility.

Any immigration benefit (ROC, Naturalization, etc.).

[EnglishLove 112]

3 minutes ago, geowrian said:

Gotcha. So there is a judgement call in your case if the crimes fall under a provision resulting in an inadmissibility.

Any immigration benefit (ROC, Naturalization, etc.).

Yes, one caution falls under the CIMT crime which is why I am worrying about it and there's no judgment since it's just a caution.

Edited February 14, 2019 by Pooley

[Ruthie 14]

3 hours ago, geowrian said:

Gotcha. So there is a judgement call in your case if the crimes fall under a provision resulting in an inadmissibility.

Any immigration benefit (ROC, Naturalization, etc.).

Do you have any idea if they consider the amount of time that has passed since the crimes were committed? My husband's 601 has been in process since last March, but his offenses were almost 40 years ago. (He was in DC for 2 months for a fist fight and two stolen property offenses that amounted to under 100 pounds.)

[geowrian 22,335]

13 minutes ago, Ruthie said:

Do you have any idea if they consider the amount of time that has passed since the crimes were committed? My husband's 601 has been in process since last March, but his offenses were almost 40 years ago. (He was in DC for 2 months for a fist fight and two stolen property offenses that amounted to under 100 pounds.)

It's not my specialty so I would defer to an attorney. But I'm unaware of any statute of limitations or expiration criteria for a CIMT inadmissibility. I was unable to find any such expiration in the FAM either  (https://fam.state.gov/fam/09FAM/09FAM030203.html) or INA (https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html).

[Ruthie 14]

5 minutes ago, geowrian said:

It's not my specialty so I would defer to an attorney. But I'm unaware of any statute of limitations or expiration criteria for a CIMT inadmissibility. I was unable to find any such expiration in the FAM either  (https://fam.state.gov/fam/09FAM/09FAM030203.html) or INA (https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html).

I

 

5 minutes ago, geowrian said:

It's not my specialty so I would defer to an attorney. But I'm unaware of any statute of limitations or expiration criteria for a CIMT inadmissibility. I was unable to find any such expiration in the FAM either  (https://fam.state.gov/fam/09FAM/09FAM030203.html) or INA (https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html).

I've read through these hundreds of times. I thought you were an attorney, sorry. Our lawyer didn't know how they actually determine an approval either.

 

[Boiler 43,401]

The main factor is that the waiver is put together properly, very rare to see a correctly submitted waiver fail.

[Ruthie 14]

2 minutes ago, Boiler said:

The main factor is that the waiver is put together properly, very rare to see a correctly submitted waiver fail.

Thank you...our lawyer is amazing, so I'm sure it will be fine. Just anxiety provoking at this point.

[geowrian 22,335]

14 minutes ago, Boiler said:

The main factor is that the waiver is put together properly, very rare to see a correctly submitted waiver fail.

100% Agree

[Ruthie 14]

2 minutes ago, geowrian said:

100% Agree

Thank you, friends! I really appreciate the feedback. It should be anytime for us know, if the time line is correct. 

[Ruthie 14]

On 12/9/2018 at 4:57 PM, LSUSA said:

Hello, have just recently joined. My lawyer has just completed my 601 waiver for filing and I would love to keep in contact with people with similar timeframe. I have been deported from the USA for nearly 7 years have taken a while to get this far 😊. Can anybody let me know if they have filed their 601 waiver in the last 6 months and have heard anything yet? Wishful thinking I know. PLEASE ONLY PEOPLE FILING 601 WAIVERS AND NOT 601A REPLY. 😁

We filed March 12th, 2018. No approval yet and it's February 15th, 2019. Timeline is now 11 to 14.5 months, so hopefully we'll hear soon. (601 waiver for past crimes)