Used to be broken

Very different process for this than the I-601 and a different standard for hardship

https://jgoldlaw.com/blog/green-card-marijuana-possession/#:~:text=How to Apply for a,at the appropriate USCIS location.

above link from attorney office discusses waiver for marijuana possession

Believe an actual conviction is a different scenario than a positive drug test for THC.  

Advise you read as much as possible about the process and how to develop the narrative and evidence related to the hardship. Prove both sides why you cannot live there without the spouse and why  you cannot live in their country and why separation is extreme hardship ..not just the regular hardship anyone in separate living situations endures. The starting point is the government has rules, they universally enforce them on all of us so what hardship or unique circumstance arises from your   particular case and what makes that extreme......(Google hake hardship scale, not the same waiver type but the concept of developing the case is the same in terms of what you are proving in the hardship case) 

the evidence gathering will be largely your job but partner with a great attorney who specializes in

waivers to assemble , review , advise and slap a cover letter on that package for you.  

On 1/8/2024 at 9:13 AM, coolKid1984 said:

Hi guys,

 

My fiancee (from Russia) is having her K1 interview at the Warsaw embassy on 4/29.  We are trying to plan our trip to the U.S. and trying to approximate the time it should take to get the visa back.  On their site it says 3-5 business days after the interview, but when I emailed their support they said they cannot provide an estimate.  Has anyone gotten the K1 visa from Warsaw recently and how long after the interview did it take you?  Planning the trip back after 7 business days but worried that might not be enough.   Thanks in advance for any responses.

On 6/27/2023 at 5:22 PM, MarktheShark said:

I go to court next month for another hearing in my divorce. The judge said the following:

Defendant, who is from the Dominican Republic, alleged that, pursuant to the paperwork the parties had completed to sponsor Defendant’s entry into the United States, Plaintiff was financially obligated to support her while she resided in the United States.

What does that mean? She never aquired a green card and is out of status right now. How do I explain to the judge I'm not her sponsoer anymore? The 485 has been denied. She has no basis for being here anymore. I realize she an re-apply for wavier and try to self petition.

8 hours ago, ML12 said:

I filed two IR-5 visa applications for my parents and both cases were just documentarily qualified (DQ'ed). I did not submit any translation to English of those documents on the CEAC site, and this is why:

According to Travel State Gov website --- Please note that all documents not written in English, or in the official language of the country from which you are applying, must be accompanied by certified translations. All of the submitted documents are either in Russian, Kazakh or both, so I figured there was no need to translate.

 

Could someone please confirm if at their interview (any immigration visa interview) the translations were absolutely required? Was anyone able to go in without them?

 

Thanks all.

Sounds like you did the right thing reading the website 

Here is a bit more clarification... Marriage is a Merger of 2 corporations all the money goes in ONE PILE.. after Marriage.  Regardless of if your Spouse is out of status ect. You are in Divorce Court and 99.9% of cases have no Immigration history and although your spouse is pleading you signed an affidavit of support in her pleadings.. that is not material to the case....although the Judge may have to make a ruling on her assertion. 

Once married legally and morally you have an obligation to support a spouse that isn't "if" they have legal status every married person has this legal obligation.  This is why instead of pleading she has not status or foolishly paying to drag an Immigration Attorney into court to explain Immigration Law to a Divorce Judge ..you should bring a copy of your Pre-Nuptial Agreement saying you didn't have a future financial obligation if the Marriage fell apart.  I'm guessing you didn't get a Pre-Nup ? Now regretting that mistake.. Love is Blind is a saying for a  reason its true. 

What you are arguing will go nowhere with the Judge .. whether you signed an affidavit of support or not is not a factor in the Divorce negotiations.  Its like saying to  the Judge my kids are not US Citizens so I don't have a Moral or Legal obligation to support them.  

Advice don't waste money paying an Immigration Attorney to go to court to explain things ...if your Divorce Attorney has not told you this  is a bad idea and going to court solo without an Attorney is a NO NO ... then get a new Divorce Attorney. This isn't an Immigration issue and nothing about her status is material to the Divorce Case.  Your money is better spent on Marital Counseling and/or Mediation.

Thanks for posting this so other K1 folks can see the problem here... GET A PRE_NUP people

I am not convinced just because the application for adjustment of status or green card was denied that you  no longer have a financial obligation to support a spouse.  This has nothing to do with the Immigration proceeding its marital assets being split up and support obligations apart from the Immigration Case.  Her status is not material to the proceeding if you are married then support obligation and property division  is on the table good luck if you are divorcing in a state that has community property rules. 

Sorry my mistake misread  you were trying to go to Warsaw at the time of the interview. Agree with above poster definitely get non refundable tickets the situation over there is not optimal..  lots of issues with transportation and deliveries and relations between Poland and Russia.   

If it were me after the BS we went through I  would not spend a dime trying to plan anything. The staff at the Embassies are notoriously rude, unhelpful and its not possible to plan anything or get a straight answer why fight it, it will never change.  Also  Frankly  .there is no need for you to be at the interview, the Embassy really doesn't want you there anyway.  I would let her go to the interview, and then once she has the US VISA see her once she gets over to the US. 

Worse case is the possibility she will have issues with VISA for Poland if she doesn't already have a Shengen Visa ... in order to get to the interview.  If you think its a pain dealing with the US Embassy wait till she deals with the Polish Embassy for that VISA. Do Russia and Poland even still have ongoing diplomatic relations?   Its not exactly a friendly time for these countries. 

  I do recommend Polonia Palace Hotel which is directly across from the train station if you decide to go anyway. Good Luck 

I have been out of the loop on this stuff for quite some time but we did transfer in the other direction from Warsaw to Russia way back when because the knucklehead at the Polish Consulate in Belarus asked for,  then insisted to see the "envelope" for the visa interview apt which came via  email and would not issue the Shengen VISA to attend the appointment.  I had no luck actually speaking to anyone in Warsaw   to try to get a resolution so we asked for a transfer to Moscow. (I know this is not an option at this time)  I do not think this is the optimal time for getting in touch with Polish Embassy Consulate regarding Shengen VISA's ... they are overwhelmed with the Ukraine situation. I forget which Embassy in Germany deals with cases but its  a hassle to get a Shengen VISA there all reservations have to be prepaid ect ..but it is doable if they accept the case and the German Consulate has a process ... very strict and methodical of issuing VISA's so you will get an answer on a reasonable timeline if you have the massive amount of evidence for the VISA they will request.

7 hours ago, Sunshine22 said:

Its typical the Embassy will not respond.  Confused about the waiver inquiry.  Why did they cancel the transit VISA for the job?  Was it being mis-used in some way?  It seems odd they would cancel it and that would lead to questions around fraud, misrep ect that might lead down the waiver path.  They don't usually randomly yank someone out of an airplane and cancel a work related transit VISA, more often than not its a reason not a border official gone wild.  Some information is missing here that might be helpful 

 

 

 

7 hours ago, Sunshine22 said:

I guessed the same about the DS-5535. It is frustrating trying to figure out how to get answers about the waivers. The Embassy doesn't respond to our emails. 

Hi, 

I don't think we currently have Diplomatic relations with Belarus. The US Consulate in Minsk is not processing anything last I heard and Poland did other types of VISA's but not sure if that relationship is also not active.  But if the person can get to a US Consulate to apply for a VISA appointment that would be a start. The challenge as you know is you have to get a VISA to just about any other country except Russia to access a US Consulate and not sure what the status on US Consulate  in Russia is either.  

On 9/2/2023 at 10:42 PM, Volha Tong said:

Hi, everyone!

Could  anyone tell me how a Belarusian citizen  can apply  for  tourist visa and what timeline looks like now? Appreciate any info. 

 

Hi, I think there is no Embassy Relationship with Belarus right now ..if 

I would do both  because I am "extra" on everything but also it likely will double the chance of approval if you can prove both 

Don't do a fraud mis-rep waiver with a general Immigration Attorney. Get a specialist who deals mostly in waiver cases.

I do expect it will come up in the interview and as Ricky Ricardo says, "you will have some splaining to do". 

My guess is the consular officer will take into consideration the setting and circumstance in which these charges occured and make a determination based on that. Indecent exposure is pretty vague  (regardless of prison time or not). If I am the consular officer and its a nude swimming at a beach charge x 2,  one when you were 17 and one when you are 19,  that is youthful indiscretion and not moral turpitude in my book. On the other hand if you are  cruising playgrounds exposing yourself to children we have a different outcome if I am the consular officer, and my thoughts would be this person can stay in the UK because we already have enough of that going on in the US without importing it.  Its my understanding Consular Officers have wide discretion so who knows what the outcome will be. 

Also, likely if there is a weather situation in parts of Europe the airlines will probably be pretty flexible with moving connections around at the stateside end of things. Just don't go check in for the flight and hand in luggage. Only use carry on and volunteer for any connection that will get her out on time. Its easy to get a inter-Europe cheap flight once she gets over there..if she is not going to ever use ESTA again..ie coming on family visa etc, it really doesn't matter as the bars for overstay kick in after a year. take a picture of the weather for today and keep it handy if you ever apply for a dfferent visa and it comes up explain it and show the details of the weather. Should be no big issue

I think the most sensible way to avoid a ban on future ESTA use would be to have her get out on any flight overseas and wait the weather out in Ireland. Also at the connecting Airport have her go out and come back in Passport Control and get a Stamp with the date so she can prove she left US when she was supposed to.

This has some similarities to DACA 

Here is some history from Obama administration on the court challenges to the DACA and DAPA.  

https://www.americanimmigrationcouncil.org/research/legal-challenges-executive-action-on-immigration

This is not a mistake or poorly written legislation its an "agenda" of white supremacy, together with the Private Prison Corporation

lobbyist agenda.. (get as many detention beds filled as possible).. this is going to get much worse the further into Trumps term it

gets.  

Most Immigration Attorneys are currently advising anyone from the "list of 7" countries.. not to travel outside the US and if already outside LPR, or other VISA get back

here while the injunction is in place before Appeals to the injunction start being decided. 

* i would advise ANYONE eligible for applying for citizenship get it done as soon as possible the list of immigration offenses is growing and the number of deportable 

immigrants is dwindling expect to see whole new categories of "immigration related crimes" being enforced during the trump administration.  Betting none

will involve locking up white middle aged business owners who recruit and hire illegal alien work forces.. 

If the mother is deported,  the custody order likely will stay in place technically, however I do not see how without residence in the US the deported mother would have no standing or ability to enforce it, and likely no means to financially fight it from another country.  I know the State Departments of most nations encourage cooperation in enforcing custody orders, its a gray area when that custody involves effective expatriation for a US Citizen child. 

If there is a deportation order in place or a case in Immigration court it might depend on how that plays out ie: if the Mother is taken into custody, then  detention and forcibly deported the child would be left behind initially. The father might get " default custody " or the DCS might get involved if the child is with the mother at the time they pick her up and detain her. Possibly the child could end up in detention with the mother while everyone scrambles to prove she is a US Citizen. 

If the mother accepts "voluntary departure" and leaves of her own accord and wishes to take the child with..depending on which country it is.....the US Citizen  child may need a VISA

and may not have a passport yet...  If I recall correctly to obtain a US passport both parents must agree on a child under 18 regardless of existing custody arrangements.  

The other issue is most countries have a definitive amount of time you are allowed to stay there even in VISA Waiver Countries..  in other words a US Citizen Child cannot just move in and stay indefinitely even with the mother without more paperwork etc.. unless the recieving country confers automatic dual citizenship. 

If the father and family do not want the child to be moved to the foreign country now is the time to get to court and get an injunction on the travel while the child is still within the

jurisdiction of the US.. once the child is on foreign soil unfortunately the foreign court will gain advantage of jurisdiction to decide. 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9-PartB.html

updated link to the USCIS Waiver Guidance

Link to instructions for I601 note form will potentially  be updated later this spring. 

https://www.uscis.gov/sites/default/files/files/form/i-601instr.pdf

I guess I should have phrased my question this way:

Has anyone who is reading this submitted a 601? If so, how did you organize your waiver, knowing that an officer would only spend 15 minutes, tops, looking at it? I see how some people used tabs, and labels, etc. I was just wondering if this was necessary. I don't want this waiver to look like a 2nd grade art project.

Doudedi,

Yes I have submitted a successful I601. For anyone who is reading this in the process it should be noted that is should be the goal for the officer to be able to read it in

15 minutes and the exhibit labels and tabs and the proper legal format will certainly not hurt and might help. Tabs and labels are not for show as in an art project they

are to organize the file, make sure nothing falls out and make it easy to find the exhibit mentioned in the narrative. Its a legal brief so it should look like one not a kids

school paper.

The easy way to think about these things is the narrative is the contentions and the exhibits are the proof of the contention which supports the contentions. Each argument has a 'weight" the final "poundage" if you will tips the scales in favor of agency discretion. As the adjudicator reads the narrative they will circle contentions first. Then they will go to the supporting documents

and look for the evidence to prove the contention if it is not present its is noted in the narrative of the denial letter. As they look for the appropriate supporting document in the

package an index and tabs make this process seamless.

For example: My mother is a 78 year old US (Exhibit A) and she has a constellation of health conditions. She is rapidly deteriorating (Exhibits A1-A72) and need at home

nursing care but cannot afford it (exhibit A78) I am the only one of her five US Citizen children who can care for her. (exhibits A79-A86)

Part of the index would look like this

A - Birth Certificate Mrs. Anybody (proves US citizenship and her age)

A2- Emergency Room receipt dated 2/2/2014

A...79 .. Birth certs Mr. Child 1 etc. *some evidence might be used multiple times as evidence in other parts of the narrative the tabs prevent having to make multiple copies of docs

A86... letters explaining why other sibling cannot care for mother.

Focus on the weighted arguments, leave out fluff and distracting diatribes that have no legal weight and keep it brief and concise as well as readable.

I posted links and discussions on the I601 forum that discussed the way certain attorneys achieve an almost 100% waiver approval record. They are good lawyers

but they are also extremely precise in which clients they will take. One of the discussions I posted included an lawyer's analysis and "point" basis he gives to waiver

cases, if the case does not add up to an approvable threshold he doesn't take it.

I used his point method to evaluate and document the case I submitted. It took us 4.5 years to build the case and document and emphasize the approvable

aspects of our case. Our combination of "points" gave the officer who adjudicated the case legal "cya" on his end as well.

I understand that. My mother does not have a spouse or parent to submit the waiver for her. It is an arbitrary decision that only a spouse of parent can file a 601 in the case of misrep. Therefore, our lawyer had suggested we file the waiver and explain what our situation is, and explain in great detail how the officer made a serious mistake when he denied my mother. I have spent enough time thinking about this and talking to professionals (including the higher tiers of USCIS). For the sake of this post, please assume that I have the right to submit this waiver. How should I organize this, and how can i make it so that I have the best chance of getting approved?

Doudedi,

First of all so sorry to hear that your mother ran into a situation at the consulate interview. I think you should seek out the counsel of a more qualified legal representative. Please do not think I am being a "nay sayer", the problem with trying to file a waiver when you are not the qualifying relative is that it fails at the legal definition of qualifying relative. The DHS at the consulate has to abide by the law. No qualifying relative no waiver. It really is that simple. You will only be expending, your time money and effort in organizing the perfectly logical waiver in your mind will not be adjudicated since there is no legal basis for adjudication. You can fill it out, pay the money and submit it but they cannot and will not legally approve it. They will not even read it beyond the application when they

read it was submitted in a non eligible category they will stamp it denied and they will not refund your money.

think of this in more simple terms, if you went to the State office of registar, to register your medical license so you could practice in the state as a licensed physician but submitted

a plumbers diploma as your proof of qualification then you would not prevail in obtaining a license to do surgery on humans in that state.

The monumental hurdle your mother faces is falling afoul of the good graces of the consulate at the interview is "the issue" and sadly this is rarely if ever overcome. The reason is the consulates authority and discretion are for all practical purposes irrefutable. Unless you have the wealth and status of a high profile individual or major political connections within your own country with diplomats that can sit down face to face with the consulate to plead your mothers case, you have no recourse. Even if the waiver basis existed, misrepresentation is a difficult hurdle on its own.

You can certainly try to submit a letter to the consulate yourself which would possibly be read and might even be considered and she could proceed upon her previous visa application.

It is very doubtful because the mindset in the consulate is once and done and they are confident in their decisions once made.

You have a stagnant and impossible feat here to deal with and for that again I am sorry. Very unfortunate. You might find relief in humanitarian parole, but that would

have to be a very emergent situation, and that is not a permanent solution, they are temporary grants limited by time.

If you doubt this read the consular's corner to get a feel for how common the denials are and the sheer volume of applicants. Unless you have a back door diplomatic channel to discuss

with the consular its nearly impossible for a foreign national . I have posted a lot of legal research on this site for I601 applicants to read, but this situation is not an I601 issue.

best wishes to you and your family.

Yes, the waivers section can get pretty rough at times... Sometimes. Guess it is hard for folks to imagine making mistakes or bad decisions... But you find that in life I think... One of the issues with new members is that they sometimes give advice on here say or based on what they "think" rather on what is known... Giving advice on immigration matters should be taken very seriously as what you say can effect someone's life and family and if you do not "know" then you Should not advise as you can really mess someone up with the wrong information...

I would say wrong info posted by newbies is one of my "peeves" as well. I think every time some one wants to post for thier first 5-10 posts

VJ should run them into a wall with an application that makes then read the guides on thier top and acknowledge they have at a minimum

read the Immigration Topic they will be posting about in the forum.