MaryLu19

I see why you question how this could apply to I601A. It was all news to me too, but  if the lawyer brought it up I thought it was worth trying. He does 40-50 waivers/ year and his approval rate is in the high 90's. I guess I'll find out. 

I 601A waiver. I have a really good lawyer, and he said since my dad has a very strong medical hardship, and has  the upcoming surgery, he said that  as long as we can prove that the surgery is scheduled and get a letter from the doctor stating that he needs me to be back for his surgery ,we can request expedite processing  for the waiver. Yes surgery in winter - NVC still can be 3-4 month process until interview. I mean if it goes through would be great, if it doesn't I have no choice but to wait for normal processing, I was just unaware that expedite processing was even an option for waivers , and wanted to see if anyone has had their waiver expedited. 

Has anyone had  expedite processing for their waiver. Our attorney said that he will request expedite processing for my waiver. My father (USC- my qualifying relative) needs to have surgery this winter, and the lawyer said that this meets the criteria for expedite processing. He said that is up USCIS to approve the request,and that it is discretionary and no extra fee is required. Has anyone had expedite processing for their waiver?

My lawyer is getting ready to file my waiver this month. We went in Friday, 8/11/17  for my father's (he's my qualifying relative) and  because my father needs to have surgery this winter, the lawyer informed me that he will request for expedite processing for the waiver. I didn't know about this option until this last Friday. He said that it is discretionary and up to USCIS to approve the expedite processing.   If it does get approved we are looking at less than a month.  

We (my husband is the main applicant) got I824 ( petition to transfer the file from USCIS to NVC)  approved on July 20. How long does it take to hear from NVC?  Anyone  who needed a waiver recently? Our lawyer says we need to hear from NVC, pay the visa fees and then file the waiver, and that while the waiver is processing the NVC holds the case until a decision is made, then it trasfers the case to the embassy. We are an EB3 , with priority date current. 

Where's your husband from? R u the main applicant? If he's a dependent on yours he should be ok to go to your consulate, as long as he can get police certificate from all the countries he's lives for more than 6 months after he turned 16. You can also email the embassy and ask them.

Hope all works out. Let me know how the interview goes, we r going for EB3  in 6 months or so.

Best wishes.

Your previous visa interview and the refusal of a non-immigrant visa is not grounds for denial, however they might really question your relationship and ask many questions since your story didn't add up. My dad was denied non immigrant visa more than 10 times, however when his immigrant visa interview came he had no problem getting his visa.Always tell the truth! Short, truthful answers go a long way. Best wishes.

Has anyone has a recent I-601a waiver done? How long did it take to process. I do not believe that the current processing times on the USCIS website are accurate. We have our I- 824 approved in 31 days (Nebraska) and according to USCIS the processing time  should have been six months.

 Has anyone attended consular interview  for employment based immigrant visa  with an approved I-601a? How did it go? Any input is greatly appreciated. Seeing our attorney on Tuesday in order to start the waiver process. So nervous, so stressful... feeling so discouraged right now. 

Get a good lawyer who does waivers and who has a high approval rate for waivers. When it comes to waivers each case is unique, and circumstances vary significantly from case to case, sometimes a good lawyer can find a small detail  that might make quite an impact on your case. I think is worth trying.

Be honest and truthful about everything, it goes a long way, however unlawful presence for less than 180 does not make you inadmissible. CO have to find you inadmissible in order to deny you an immigrant visa.  If this would be a non-immigrant visa then it would be a more significant problem  and CO have more authority to deny your visa. (Also make sure there are no other grounds for inadmissibility: misrepresentation, deportation, criminal conviction, drug issues, DUIs, tattoos, etc).  

You can also file a FOIA , and you can get the whole immigration file and see exactly what is on your file. FOIA is free and take about 4-6 months.

I thought that they in a real relationship and got back together, marriage for immigration purpose it is fraud. Do not do it, CO will figure it out and the consequence are serious.  

5 minutes ago, goblin said:

5 minutes ago, goblin said:

EB-2 I-140 just got approved, so NO USC.

 

Oh my bad, I thought her husband had the I 140. Thx for catching that!

Why would it be fraud if he marries the mother of his children? 

If she gets a hospital to sponsor her she can come through employment, and as an RN she doesn't need a perm. If you guys do decide to get married you can come with her as a dependent. The key  is to find a hospital to sponsor her and willing to go through the process.  

7 hours ago, maham8 said:

I got my I-140 approval last month. My husband and I are doing consular processing. My husband came to US in B1/B2 visa in 2012 and overstayed for a month. He filed for TPS in 2013 after a month of overstay and was approved. He is currently working in US. My question is since my husband has overstayed for 30 days, does it count as unlawful presence? Will it affect our consular processing?

No an overstay of 30 days doesn't make him inadmissible because of unlawful presence. An overstay of over 180 days and less than a year  triggers the 3 year ban, and unlawful presence of more than a year triggers the 10 year ban. R u sure it was only 30 days?  Can you prove that it was only days? Also are you a USC? 

I know...., but they are having a really hard time getting workers, at least they are trying to immigrate him.

Yes. He had work authorizations before, but they expired. I asked the attorney about that and he said that the CO know that people who fall out of status also have unauthorized employment. He also said that unauthorized employment  is not ground for inadmissibility, it is however the reason why he couldn't do adjustment of status. How long does it take to process I601a?

That's awesome. Congratulations! We just got our I824 processed in 31 days. We were expecting a 6-9 month  wait period, and we were shocked to see it go through so fast. Hope everything goes well for you, and that you'll be together soon!

Hello to you all, 

I have read many of your stories on this forum, and I have finally decided to share our situation, and hopefully get some feedback from you guys.  My husband and I currently have a consular processing case for EB3 visa.  My husband entered on F1 visa, went to college for several years, however  couldn't afford tuition anymore so he fell out of status, meanwhile the company he worked for offer to sponsor him,  got the PERM approved, I 140 was approved in 2009 priority date became current in June 2013, however he could not adjust because he was out of status, so  he hasn't done anything with that petition. I have entered on a B2 and have unlawful presence. In March we have started a consular processing case, since we found an attorney who explained to us that even though my husband is out of status, he doesn't have unlawful presence due to the d/s stamped on his I94, so is not subject to the  10 year bar and that he can be processed through consular processing, with me being a dependent on his case. I do however have unlawful presence, but I qualify for a I601a waiver with my father, who is a USC,  being the qualifying relative. My dad has multiple heart problems and I help him significantly with his health issues (i'm also a RN) and financially.  My husband still works for the same company, the employer still has the job available for him, and is more than willing to hire him.  We have filed the I824 on June 19, 2017 and it got approved on July 20, 2017. I was shocked to see it processed so soon. Now the case is being transferred to NVC and we are getting ready to file the waiver. I am so nervous, so anxious. I don't know if I can leave for the consular interview... I'm scared I'll be stuck in Romania, we have 4 children who are USC, our families are here, I don;t know what to do. On the other hand the  thought of getting LPR status is literally like a dream coming true, I love this country and I want to be here.

I forgot to mention that we have no criminal history, no claims to citizenship, no deportation orders.  I want this so bad, but I feel so terrified to go to the interview, and everything seems to be moving so fast. The lawyer told us the I824 would take 6-9 months, it took 1 month . Anyone else in a similar situation? What would you do? I am so torn...

Thank you!

Hello to you all, 

I have read many of your stories on this forum, and I have finally decided to share our situation, and hopefully get some feedback from you guys.  My husband and I currently have a consular processing case for EB3 visa.  My husband entered on F1 visa, went to college for several years, however  couldn't afford tuition anymore so he fell out of status, meanwhile the company he worked for offer to sponsor him,  got the PERM approved, I 140 was approved in 2009 priority date became current in June 2013, however he could not adjust because he was out of status, so  he hasn't done anything with that petition. I have entered on a B2 and have unlawful presence. In March we have started a consular processing case, since we found an attorney who explained to us that even though my husband is out of status, he doesn't have unlawful presence due to the d/s stamped on his I94, so is not subject to the  10 year bar and that he can be processed through consular processing, with me being a dependent on his case. I do however have unlawful presence, but I qualify for a I601a waiver with my father, who is a USC,  being the qualifying relative. My dad has multiple heart problems and I help him significantly with his health issues (i'm also a RN) and financially.  My husband still works for the same company, the employer still has the job available for him, and is more than willing to hire him.  We have filed the I824 on June 19, 2017 and it got approved on July 20, 2017. I was shocked to see it processed so soon. Now the case is being transferred to NVC and we are getting ready to file the waiver. I am so nervous, so anxious. I don't know if I can leave for the consular interview... I'm scared I'll be stuck in Romania, we have 4 children who are USC, our families are here, I don;t know what to do. On the other hand the  thought of getting LPR status is literally like a dream coming true, I love this country and I want to be here.

I forgot to mention that we have no criminal history, no claims to citizenship, no deportation orders.  I want this so bad, but I feel so terrified to go to the interview, and everything seems to be moving so fast. The lawyer told us the I824 would take 6-9 months, it took 1 month . Anyone else in a similar situation? What would you do? I am so torn...

Thank you!