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RichiJenny got a reaction from CanuckChick in NVC Gives us SECOND RFE!!
I wouldnt be so sure about that! lawyers arent all as great as they proclaim!
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RichiJenny got a reaction from Kathryn41 in Canadian trying to get back to US wife and 2 US children.
Not necessarily. The Op hasnt asked for judgment on his case, merely advice. The punishment enough has been handed down by the US Govt, no need for a witch-hunt here really. Now the task in hand is to get the petition out and prepare the waiver whilst waiting. It can be done with the help of www.immigrate2us.net and the laurel scott chats which are free, to get the ball rolling. There are individuals on there, that I know of personally that have overcome more serious instances, without the full time aid of a lawyer, AND overturned the bar / had a successful waiver approval.
Definitely spend more time on the i2us board and do your research, ask questions, dont be afraid to there, everbody is in the same position in one way or another.
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RichiJenny got a reaction from Mariye & Ky in Need good reason to expedite case at NVC
Sorry mate, i didnt quite catch that - can you repeat it for me please
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RichiJenny got a reaction from nab in California Service Center To Texas Service Center
Whoever mentioned influencing???
I wish people would pay attention/read closely before posting.
She has said she will try to find out what is going on, ie reasons for errors/delays/backlog AND how it will be resolved.
Believe me, as ungrateful as some people appear to be, if I were in those shoes, I would feel a lot more comfortable knowing I have an excellent attorney that will try to find out things - free of charge
Skynaut, if you have any better ideas please share them, as there a lot of people looking for the answer. Now you MAY be on the right path to finding one (cant guarantee it - but I think so)
Once you have further info - Im sure laurel will advise accordingly and what panels you should take.
Personally Id have written to the USCIS Ombudsman and be calling the uscis on a daily basis (my wife did/i did do just that re our case, anyway). It annoyed them, but it still got things done.
Personally I take my hat off to the people here who have waited so long, and have done something about it, even if no farther further. Sitting and moaning about it on the net when advice is being offered, for free, isnt going to get you anywhere, I can promise you that.
Read the whole transcript - each case is different and takes a different amount of time to adjudicate too, for what its worth.
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RichiJenny got a reaction from Darnell in California Service Center To Texas Service Center
Whoever mentioned influencing???
I wish people would pay attention/read closely before posting.
She has said she will try to find out what is going on, ie reasons for errors/delays/backlog AND how it will be resolved.
Believe me, as ungrateful as some people appear to be, if I were in those shoes, I would feel a lot more comfortable knowing I have an excellent attorney that will try to find out things - free of charge
Skynaut, if you have any better ideas please share them, as there a lot of people looking for the answer. Now you MAY be on the right path to finding one (cant guarantee it - but I think so)
Once you have further info - Im sure laurel will advise accordingly and what panels you should take.
Personally Id have written to the USCIS Ombudsman and be calling the uscis on a daily basis (my wife did/i did do just that re our case, anyway). It annoyed them, but it still got things done.
Personally I take my hat off to the people here who have waited so long, and have done something about it, even if no farther further. Sitting and moaning about it on the net when advice is being offered, for free, isnt going to get you anywhere, I can promise you that.
Read the whole transcript - each case is different and takes a different amount of time to adjudicate too, for what its worth.
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RichiJenny got a reaction from Harpa Timsah in EXPEDITE and CASE APPROVED!
You cant pay for an expedited immigrant visa. You have to meet the criteria, and there is no charge.
You have to request an expedite at each seperate stage, too. Just because you get expedited approval at USCIS, it is a brand new request and documents at the NVC.
You are right, you can have premium processing but they apply to business or work visas. I can guarantee they do not apply to immigrant visas.
I asked this question with uscis, nvc, renowned immigration lawyers at the beginning before we expedited, in the only manner you can.
Expedites approved recently inlcude military deployment, sickness and financial issues. Well, those are ones that I have personal experience with from other individuals.
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RichiJenny reacted to Used to be broken in I601 Legal Research Links
I am starting this link as a place for people to START researching the I601 process and what is required once this is required in the Immigration Process. If you have links to research, attorney guides or discussions, HSL letter examples, or links to Embassy processing times post here.
To get the ball rolling here is an overview of what the I601 means by Shaw Peerally law Group.
I-601 Immigrant Visa Waiver Lawyers
What Is an I-601 Waiver, and When is it Required?
Some foreign nationals may be deemed inadmissible under INA 212(a), which covers bases including unlawful presence, criminal violations, and immigration fraud or misrepresentation. If a foreign national is considered inadmissible, then he or she must obtain a waiver of inadmissibility if they are seeking lawful permanent resident status. Generally, in order to successfully obtain an I-601 waiver, you must prove "extreme hardship" to a qualifying relative is moved to the applicant's country, and that the qualifying relative can't remain in the US without the applicant. These hardships are also weighed against "mitigating and aggravating factors."
Extreme hardship is vaguely defined as "greater than the normal hardship" that you would expect the relative to have if the applicant is not given a visa. "Normal hardships" such as the separation anxiety, missed income, and difficulty for the qualifying relative to move to the applicant's home country due to cultural differences, will not be enough to garner an approval on an I-601 waiver. One of the most typical factors supporting an argument of extreme hardship include the qualifying relative's medical/physical condition which wouldn't be properly managed if the applicant were away and if the relative had to move to the applicant's home country. Financial hardship is also a potential factor, but it must be framed so that it is clear that the qualifying relative's loss is relating to missing basic needs rather than merely missing out on a lifestyle improvement. Depression and compromising mental health is also a potential factor, but generally, if the qualifying relative has no history of depression to show that they are especially sensitive, this would be a weak factor. There are a number of other potential factors relevant to extreme hardship, such as any unusual country conditions in the applicant's home country making it difficult for the qualifying relative to live in the US, or certain obstacles in life which the qualifying relative can not overcome without the applicant gaining his or her immigrant visa.
Even if extreme hardships are established, if the mitigating and aggravating factors impact whether the I-601 waiver may be denied as a matter of discretion. Mitigating factors include duration of the relationship between the applicant and qualifying relative, whether small children are involved, whether the applicant has applied for the waiver voluntarily, and the degree of the applicant's culpability. Strong mitigating factors will lower the burden to establish extreme hardship. Aggravating factors include prior criminal record (regardless of basis of inadmissibility), multiple immigration violations, multiple marriages, absconding from deportation, and whether the qualifying relative immigrated to the US as an adult from the same country as the waiver applicant. Aggravating factors will increase the level of hardship that the applicant would have to establish. It is important to highlight the mitigating factors and address the aggravating factors in any I-601 waiver application.
How Long Does it Take to Process an I-601 Waiver?
Processing times vary depending on the consulate. In general, it takes 4-6 months, but in some cases it may take well over a year to process. For those applying at the USCIS Ciudad Juarez Office (also known as CDJ) under the pilot program for I-601 waivers, the waiver should be adjudicated within a day or two, however if the I-601 is not approved and referred for future and file review and adjudication, the processing time may end up being over a year.
Are there Risks to Entering the Waiver Process?
In some cases, the I-601 applicant will simply be residing in the US without being detected as inadmissible/removable, and chooses to stay. In such a case, the individual will have to weigh the problems associated with being undocumented (living in fear of potential detection, inability to get a drivers license, employment exploitation, etc) versus the risks of voluntarily entering the waiver process. Each person's motivations are different, and each person's likelihood of success in obtaining a waiver is different. Anyone considering the I-601 waiver process should make a well informed decision.
What is the Attorney's Role in I-601 Waivers?
In cases where the foreign national is living in the US undetected, the most important first step is to assess whether an I-601 waiver is worth pursuing. A qualified immigration attorney will be able to make a reasonable assessment based on the individual's unique circumstances. The attorney will work with the client to determine which arguments are strongest, and what kind of documentation the client may provide to support eligibility for a waiver of inadmissibility. If necessary, the attorney will perform background research including reports on applicant's home country conditions. The attorney will ensure the quality of documentation, in particular, the affidavit of hardship made by the qualifying relative. The attorney will also draft a brief, if necessary, to organize the arguments and evidence so as to present a clear and convincing case that the application is worthy of approval. The officer who will review the application package will have to make a decision on the waiver in short order; therefore, a well-organized, professionally fashioned waiver application can make the difference between approval and denial.
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RichiJenny got a reaction from JeanneVictoria in NVC Gives us SECOND RFE!!
People have been known to get RFE's even when a lawyer has filed for them. Its not set in stone that you dont get an RFE just because you use a lawyer.
Also, by using a lawyer, you can delay the process.
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RichiJenny got a reaction from Ribs & Beans in NVC Gives us SECOND RFE!!
People have been known to get RFE's even when a lawyer has filed for them. Its not set in stone that you dont get an RFE just because you use a lawyer.
Also, by using a lawyer, you can delay the process.
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RichiJenny got a reaction from Ribs & Beans in NVC Gives us SECOND RFE!!
I wouldnt be so sure about that! lawyers arent all as great as they proclaim!
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RichiJenny got a reaction from luvaLimey in Will Bankruptcy in th UK affect the process?
No, definitely not.
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RichiJenny got a reaction from Ricky+Vanessa in police certificates - uk
I thought there was no need for one, and I didnt get one, but this week has been touch and go whether id need a spare one, its the safest fiver you'll spend!
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RichiJenny got a reaction from ajigglin in Expedited petitions
not everybody can do that, personal circumstances are different. its not for us to judge where folk adjust status. some can. some cant. people can try to expedite if they wish, too. its an option given to everyone that files. its whether they meet the criteria or not that counts.
just my opinion.
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RichiJenny got a reaction from ajigglin in expedited petittions
Good luck. You'll always get indifferent comments wherever you go, dont let it bother you. As stated, if you feel you have a chance, go for it and be proactive about it.
You've paid your fees, so have an input into how you go about dealing with your case. Thats no-one elses business. Hope all goes well for you.