Used to be broken

Rules may have changed but after approval might have to go back, check with an attorney before she leaves the country so you

do not have any suprizes you are not prepared for.

Do not spend a penny talking to the folks at the above number. Total waste of time they do not handle family visa's and they are

rude incompetent and cannot go "off script". If your situation does not fit the script ... it doesn't do not bother

You can try below might have better luck; And yes your congressman can get an answer might take a week or so. They should

respond below email as well.

Public Liaison Unit | USCIS Moscow Field Office TEL 7 495 728 5550; FAX 7495 728 5083; Email:Moscow.dhs@dhs.gov; http://moscow.usembassy.gov/uscismain.html

Good Luck

First of all sorry to hear that you got denied.

Second do not take any of this advice personally but follow it;

1. Regardless of the research you did you clearly did not "get it" evidenced by the fact you did not file the I601 and I212 simultaneously. They rarely approve a stand alone 212.
2. You have a lawyer but you don't need "a lawyer" , you need a brilliant friggin lawyer with a track record of approved I601's regardless of the price.

3. Don't do anymore of this yourself. This is a legal proceeding you are not an attorney and even if you were a doctor you would not do your own brain surgery, something

that could effect you for the rest of your life.

4.On a personal note, I know you love this person but do not leave your child in the US to go live with this man. You and the child will be forever damaged.

GOOD LUCK.

Do you have any Orthodox churches near you? That would be the place to go on how to appropriately respond to family members. As to the property, that is likely going to be a real mess, especially if the ex-husband is unwilling to cooperate with the children. This is always a tender matter so tread lightly and show much compassion and diplomacy with dealings in the family structure.

I actually think the ex-husband who is also the children's father is being very supportive and cooperative. I thank you for your advice. I am trying

not to ask to many questions as I know this a difficult time and all concerned our quite sensitive and perhaps culturally not as accustomed

to discussing these things as openly or candidly as we do in America.

I will take the suggestion to go visit an orthodox church in the area to discuss what might be appropriate.

Thank you

Well sadly my spouses mother died suddenly of a rather horrible accident in Belarus. SO is there now attending to matters. The funeral was

a couple days ago.

The mother was quite young and died without a will. Not sure if that is common in Belarus but what then? There is an ex-husband

it appears that was also still on the "registration" to the apartment. Two children surviving.

Do people even own the apartments in Belarus? What happens when someone dies?

What about other assets , ie money etc held in accounts? Is Probate anything like here in the US? How long do these things take?

What about the rituals surrounding the funeral of Orthodox etc?

I don't want to pepper SO with so many questions when rocked by this after burying the parent. Not sure anyone expected to have

to deal with this as it was so sudden. What is appropriate gesture? Sibling has converted to Catholicism would a Mass card sent

be ok?

Just curious

I am new in VJ so I really dont know how does every thing works here, I hope im doing good! Back to the subject...I always had a turist visa since I was 4 years old. On 2000 I arrived to the US on my turist visa and applied for 1 year extention, it was granted during that year I applied for political asylum and it was never granted or denied, I was in this process for 4 years.

I married my bf, he was a permanent resident and because he was not a US citizen my lawyer said I had to go back to my country (Colombia) and wait until he was a citizen and then come back with a spouse visa. So I did volutatary departure, mean while I was still married and with my new process....My husband and I got divorce. After all this time I have been living in Colombia and now I would love to visit my family in Connecticut, I applied for a turist visa in Bogota embassy and it was denied. Two days ago I called a lawyer and explained to him my situation and he said I had to file a waiver because if my political asylum was never denied or granted and this was considered an overstay due to the fact that I never had an immigration status. What do you gusy think? and what is the exact form I have to file? I went to the USCIS page and there are 2 kinds of waivers, I dont know which one is. What do you guys think about all this? Thank you so much for the help and time!! +)

if you were in proceedings which you imply be indicating you have a "voluntary departure" ..then you have a 10 year bar.

Not sure what happened with the Asylum Application but if you overstayed for over a year which you did and did not gain lawful status while you

were here, then you will have a 10 year bar.

I just got a new job and on my first day I presented my Green Card to my employer. Today they asked to see a state issued ID and SS card. I told my supervisor that Green Card is on List A on I-9 and thus acceptable document that establishes both identity and employment authorization. She insisted that she needed to see state ID and then admitted that she had never dealt with a Green Card before, and said that she was going to check I-9 again.

I know that it states on I-9 that employer CANNOT specify which documents they will accept from an employee. I'm sure that people who have never seen a Green Card before feel more comfortable with state IDs but if I choose to present my GC they have to accept it, no questions asked. Is that right or is there any other reason why they would need to see state issued ID during the hiring process?

I just started this job and don't want them to think that I'm not trying to follow the rules (even though I am) so I'm just wondering what to do in case they insist on seeing a state ID (even though that would be illegal)?

This is typical, I am USC and didn't have a current DL so I used my passport and it sent the HR people into a panic. Not sure why the I9 form lists

what documents to use.

If they insist on seeing a State ID, go on ILW.com and print out an article about the Big Fines they are giving employers for not going by the

I9 rules, that should help them understand.

Hi VJ My name is javier vega and i had a appointment on Nov 29 2011 and i had my interview to take the waiver and the us consulate in cd juarez told me to wait thur 4 to 8 weeks and it has been 11 weeks already and i havent recived anything...soi called and t hey told me that my waiver is still process reviewing and that it can take up to 8 months has anybody had this same problem and can somebody answer why do they take so long to give me an answer.....I will really appreciate if somebody can answer.... Thank you.

Juarez is no longer going fast or operating the Pilot Program it appears. Unfortunately it seems you are in the que for regular processing, be prepared to wait. Update your evidence in about 2 months.

Hello All,

I just spoke with my fiance who got a call from the US embassy today. Just some backgrounds, we've been in AP since Oct. 2011 and recently had a joint interview on Jan. 17(second interview). My fiance got a call from the interviewing officer from Jan who asked the same questions as in the interview. At the end he said the interview was over and that the case no longer had anything to do with the Visa Unit. He also told my fiance that she should receive a call from the residents department and she should receive a packet. She asked if she was approved but the officer wouldn't say Yes or no either way. He also wouldn't say how long it would take to hear from the other department other then to say it wouldn't take too long. My question is has anyone experienced anything like this? I've read over more posts than I can count and have never heard of this. I contacted the embassy by email on Friday and also got a generic response that said the Visa Unit could not continue

with my case and my fiance would be contacted once AP was complete.

There is no residence department. As your fiance to think carefully about what he / she was told. One of several things happened, it went into AP most likely if there is no waiver issues, and it will go to Department of State for name checks, and when cleared from AP you will hear back from the oonsulate. Anything else and you will hear from USCIS if they denied and sent back to USCIS for reaffirmation, and if its a waiver case they will

contact you or your fiance with a request for the I601 and / or I212.

Good Luck. Hopefully its just AP

Well he sure changed the rules and now ppl don't have to leave the states until they have to pick up there visa .... Nehow I was asked for the I 601 waiver ... N I must present it at my 2nd interview.... But I'm really nervous and am hoping that the consulate is working fast!!!

There is a "proposed Rule Change" , and it has not gone into effect yet. The proposed rule change should not effect your process whatsoever. Unfortunately the Pilot Program in Juarez is over and they are not working fast at the consulate to the contrary they are on a reduced staff

basis and what took a couple weeks before is now dragging on for several months. Be prepared to wait . If you case is referred it could be much longer, hopefully your waiver packet is in good order, there are no crimes or aggravating circumstances and you have proved a solid case for hardship.

Best of luck

Okay so pick on my wording.

What I meant by that was that it makes sense that there had to be a lot of innocents who sought legal advise/help from a lawyer as many people do. Not knowing he was a scam artist they got caught in the mess simply by having a file that ended up investigated along with all the rest that were filled with phony documentation.

That was my opinion. This morning there is another news article you can read for yourself. This is a quote from a U.S. attorney ..

"When he fled to Canada to avoid prosecution, Earl Seth David left thousands of victims of his alleged fraud in his wake — people who believed he was helping them secure legal status and paid him a lot of money to do so," said Manhattan U.S. Attorney Preet Bharara.

"Thanks to the co-operative efforts of our law enforcement partners here and in Canada, he was apprehended and extradited back to the United States, where he will now face justice."

http://ca.news.yahoo.com/blogs/dailybrew/toronto-rabbi-led-double-life-wanted-u-giant-201416268.html

Well I hope that is not the case. Typically scam artists like this guy gain a quick reputation within the communities and population of people who know they do not legitimately qualify for a US Immigration benefit and never will but... have the $$ to pay a guy like this 30k to doctor the paperwork.

If you have a legitimate job offer from a company that is playing by the rules usually they send you to a recommended attorney that they work with. I would be watching this to see if any real innocents turn up in his client list.

http://shusterman.com/newsletterusimmigrationfebruary2012.html#2

A proposal was put forth in January by the USCIS which would allow thousands of spouses of U.S. citizens to come out of the shadows and apply for green cards.

This is as it should be since the stated purpose of our immigration laws is to promote family unity and spouses of U.S. citizens are usually given special preference in regularizing their status.

Despite this general rule, many thousands of families in the U.S. consist of one spouse who is a U.S. citizen and another who is an illegal alien. Worse yet, our laws require many spouses of U.S. citizens to leave the U.S. and travel abroad in order to apply for green cards. As a result, many of these spouses are forced to remain separated from their families for a lengthy period, from a few months to over 10 years.

Now, the Obama Administration is taking steps to halt this terrible travesty.

Before we explain the new policy proposal, it is best to recount the reason for the present state of the law.

In 1996, Congress passed and President Clinton signed the “Illegal Immigration Reform and Immigrant Responsibility Act” (IIRIRA). This law sought to punish persons who were “unlawfully present” in the U.S. by making it difficult for them to receive immigration benefits.

Here, one example is worth a thousand words.

Let’s say that a Mexican couple unlawfully entered the U.S. with their 3 children back in the 1980s. In 2005, their son Marty, then 21 years of age, married Barbara, a U.S. citizen. Marty and Barbara have been married for 6 years, and have two children. Yet, Marty is still unlawfully in the U.S. Why is that?

If Barbara sponsors him for a green card, he will have to apply at the U.S. Consulate in Ciudad Juarez, Mexico. Barbara hesitates to do this because Ciudad Juarez is a very dangerous place. More than one applicant for immigration benefits has been murdered or severely injured there. There is, however, another compelling reason why Barbara does not want her husband to go to Juarez.

Because Marty has been unlawfully present in the U.S. since his parents brought him here, the law bars him from returning to the U.S. for a period of 10 years. There is a way to avoid this, but it is neither quick nor certain.

If Marty can demonstrate that Barbara would suffer “extreme hardship” if he were not allowed to return to the U.S. for 10 years, then he can apply to obtain a “form I-601 waiver” from this bar. However, applying for a waiver is very tricky since only hardship to Barbara matters under the law. Hardship to Marty or even hardship to their children simply does not count.

Also, Marty must remain outside the U.S. while his application is pending, a difficult proposition since Marty is the sole breadwinner of the family. It may take the government several months or up to a year to process Marty’s waiver. If the waiver is denied, which occurs about half the time, Marty can appeal, but that is a two-year process. Marty must still remain outside the U.S. the entire time.

Because of this law, thousands of families have been separated for years. Some have had to go on welfare or have had their homes foreclosed when they could no longer make payments on their mortgage. As a result, many U.S. spouses in this situation simply choose not to sponsor their foreign-born spouses for green cards. The spouses simply remain in the U.S. with their families in unlawful status.

Do these same harsh penalties apply to spouses of U.S. citizens who enter the U.S. from Europe or Japan? Most of these spouses enter the U.S. lawfully as visitors or students, and many overstay their visas and remain in the U.S. illegally for months or years before marrying U.S. citizens. Yet, the law permits them to obtain their green cards without having to leave the U.S. or even requiring them to obtain a waiver. They may be illegal, but the severe penalties mentioned above mostly fall on spouses from south of the border.

So what is the new policy that was recently proposed by the USCIS and how will it promote family unity?

Is the government going to treat illegal Mexican spouses of U.S. citizens the same as illegal European spouses, and permit them to get their green cards in the U.S.? No. Is the government going to dispense with the waiver requirement or ease the standards for what is considered extreme hardship? Absolutely not.

What the Obama Administration is proposing is something much more modest. Nothing in the new proposal will change the law. It simply provides that before the green card appointment takes place outside the U.S., the waiver application may be submitted in the U.S. and the family can remain intact while waiting for the result.

Furthermore, the proposed regulation would limit the applicability of the new waiver process in 3 additional ways:

1. Only immediate relatives of U.S. citizens may apply;

2. Only unlawful presence waivers are included; and

3. The extreme hardship must be to qualifying relatives who are U.S. citizens.

Because lengthy family separations are avoided, the new policy would enable more U.S. citizens to apply to legalize their spouses, and would lower the number of illegal aliens in the U.S., something that everyone claims to be in favor of.

However, Representative Lamar Smith (R-TX), the principal author of IIRIRA, who currently serves as the Chairman of the House Judiciary Committee, characterized the proposal as an “abuse of administrative powers”.

We disagree. Still, we caution families to remember that the new policy is only at the proposal stage, and it may be many months before it is fully implemented. This is definitely a good time to start preparing your I-601 waiver application!

Hello All,

I am a little worried about my fiance entering the U.S. His port of entry is Chicago, and I have read some nasty reviews about the officers at the port of entry in Chicago. I am concerned because my fiance doesn't speak English, so he won't be able to complete any documents asked or answer questions. If anyone has gone through the Chicago port of entry, can you please tell me the process, so he knows what to expect. Also, will there be any issues if he doesn't speak English at port of entry?

Any response are appreciated.

Thanks.

Yasieyasie

P.S. I am sorry for posting this in two separate forums. I wasn't sure which forum would best suit this specific question.

Chicago POE is not particularly difficult, we had no issues. If paperwork is in order there should be no problems. Tell him to meet you outside

on the curb where the flags are when he is done. Takes about an hour to go through

I read that the investigation is ongoing and no doubt a lot will be deported. Of the 25,000 mentioned I'm sure there are many who went for legitimate legal help and were duped. Once the dust settles many will probably be allowed to stay if they meet all the legal requirements. What a mess though and it really creates a lot of extra work for USCIS that in the end hurts those who are doing everything the right way.

"legitimate help" doesn't involve a $30,000 legal fee. You know the documents you sign are BS if you do not have a real position with a real company, and there would be no need to fabricate if your documents were in order or seek the services of an immigration "doctor" like this lawyer

"You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time."

I married a Romanian woman who now lives in France. We got married over 2 years ago in Romania.

She wants to travel and visit me for a 2 month vacation. She has a USA visa that expires in 9 years and allows up to a 6 month stay.

We may decide to file for the I-130 then the I-485.

is this a good option or what?

because there are no guidlines on how this would be considered fraud even if my Wife intends to only visit me.

Here is where the train always leaves the rails on these issues IMHO.

I have lived lots of places in the world, but each time I relocated "semi-permanently" (as I keep moving for some reason), I took steps to effect the move, ie: served notice to my employer, my landlord, utility companies, had household goods shipped to the new location, packed a suitcase, took important documents and photo's with me. etc. etc.

You are playing with a hot potato here because your wife is married to a US Citizen, which generally speaking USCIS sees as "intent to immigrate",

if you file I130 "if" she gets through POE yet again without a secondary interview and "if" you file the AOS packet there is a potential to

run into a snag.

Is there case law that allows AOS even if "intent" to immigrate is proven? Yes.. what is not discussed is the COST of such a problem with USCIS. Call around and see what an attorney will charge "if" things go badly and how long it will take to straighten things out, and make an informed decision on how you want to approach this.

If its your plan to file the I130 do it, whenever, now, while she is here or later ... but when she comes here have a return ticket and have her leave for the interview. Its far less expensive and stressful to do it that way than have a problem hanging over your head.

It is never too much trouble to do the right thing. Never has been. My father made that point to me a long time ago.

Disturbing you think harrassing Old people or creating any additional burdens on the people who care for them is "doing the right thing."

My dad taught me common sense is "not so common"

So, taking a little time to obtain a free voter ID is a bigger burden than ensuring a vote is legally cast?

Yeah... not so much a "little time". My mom is 78 her DL expires in a few months right before the November Election. Is it easier to take her to

the Voting booth and have her vote than take a 1/2 day off work to drag her into a DMV for a "free picture ID" which is not FREE it costs $10-15 bucks for a State ID. Its stupid when there is no question of who she is, she is a long time registered Voter and in fact was an election judge back in the day and is well known to the poll workers.

Yes its a big friggen hassle. If you don't think so I encourage you to volunteer to go pick up elderly people who have health issues and take them out to get them picture ID's. If you feel so strongly about it put your muscle where your mouth is. I love proposals that cause some one else a pain in their #######.

There is no mention of the lost productivity to the segment of the population who will be burdened by this crazy proposal.

There is also a system in place for this .. called Poll Judges. If they see someone roll in a casket and have a dead

person pull the lever.. they can always challenge that

Another "small government republican" initiative that will cost the country untold aggravation and $.. I thought you guys were for strict adherence to constitutional principles.. ? Where does it say you need a photo ID to vote? Did the founders fathers have photo ID's?

I just wanted to get this off of my chest and to get some feedback from all the VJ’ers out there. This is about amnesty for illegal immigrants. Here we are, trying to do the right thing and do it the legal way to bring our loved ones to this country. It is a long and somewhat expensive process. Now and in the past few years, we hear some politicians trying to circumvent this process and offer citizenship to people that have broken the law, are sometimes a drain on our medical infrastructure and often do not pay taxes or pay into social security. And I think, what bothers me most is the fact that this is not about humanity but mostly for votes.

Take the money paid into SS by those who are paying into SS with the wrong SS# and put it right into the enforcement budget. Take the farm subsidies away from US Farmers and quit decimating the Mexican economy. small but effective fixes. Put a couple hundred high level CEO's into jail for using

illegal labor for 3-10 years like you do with the illegal bars with NO waiver or time for good behavior.

I do not want to color all illegal immigrants with this broad brush and there are many that come here for the right reasons but in the wrong way. I know, most only want a better life for themselves and their families. Do I think the process we now have for this is terrible and needs to be reworked..hell yes, but to me, if you come here as an illegal immigrant, there should be no amnesty. It is a slap in the face for ALL citizens that are trying to do this the legal way. This is not a political statement but if you want immigrant workers then issue a visa for work to all that want to come and make it for 6 months, then they must go home for a time and apply again for another work visa. This would allow people to come here and make some money legally and to help their families, pay taxes and hopefully if they really like this country, try to get citizenship or legal status the right way.

when we had worker VISA's for farm labor sufficient to meet demand we had circular migration, but in current climate ANY Immigration law reform is painted as "amnesty" and will not get through Congress, so illegals make one trip and stay now without a VISA because they cannot get one.

The process we are now under is slow and arduous. It does need to be changed for ALL visas.. We, the citizens that are trying to do this the right way, have to PROVE over and over again that we are not in a fraudulent relationship, we jump thru the bureaucratic hurdles only to be ignored or given bad information by the employees that are paid for by the fees that are collected from our applications. When you call, most times they read from a script and give NO real information about where we are in the process. In this modern day we live in, there is NO reason the petitions are not updated to the computers they obviously have. This cannot be a money saving ploy, it must take much more time to read this script then to just give us a ball park time frame as to where the petitions are at in the process.

Do I think we need to be vigilant for the bad people that want to come here to hurt us.. absolutely !! Do I mind paying these fees and have our petitions be scrutinized .., NOT if it helps to keep this country safe but, I do not think this is the reason for the fees, not when we have a policy that allows people to just walk here with little or no accountability.

Not changing immigration law leaves us with our head in the sand about who is here. A documentation program at least lets us sift the good from the bad. The status quo of not wanting to know who is here for good reasons leaves us chasing dishwashers instead of terrorists and gang members.

I have read on here denial of the petitions for whatever reason, I have read where a man’s baby dies because the visa wasn’t processed in a timely manner. I have also read some of the stories of immigrants taking advantage of the USC and their love, to get immigration so, I am going to assume the process we now have is still flawed. How can someone tell on a computer, sometimes thousands of miles from you, if you really have a bone fide relationship or not? For now, we are all stuck waiting to be approved and the sad thing is, we have NO way to know when this will happen..5 months?? MAYBE..6 months, still maybe…7 or 8 months??? Meanwhile, we read if you have enough money to buy a home for $250,000 you can just step to the head of the line. MY GOD, why is this?

Investor VISA's EB5 you can buy your way in the American Way !

I am not sure how many of you will read this and I want to be clear, I am only looking for some consistency,respect and civil treatment and real information and of course for immigration laws and time-lines that makes sense to all of this.

If someone tells you that a Dinosaur bone is only two million years old you should be laughing in their face... Now if he tells you it is 65 million years old and is kind enough to take an hour or so out of his busy day to explain to you how this is known... Well hopefully you will be nice enough to say "thank you"..

I was over at Costco recently and there was a large pile of this book called "the Secret". I made the mistake of standing there for about five seconds and an older lady approached me and began extolling alle wonders of this book... Total fantasy land stuff... You know the type... I'm standing there listening to her paint reality with a coat of stupid... .Deciding what I should say... But really there is nothing I could have said that would tear her away from what she wants so badly to be true. Some people need fantasy land. While I am not perfect at it yet I am learning to stop wasting my time on the hopelessly clueless and instead just tell them thanks for sharing and that I appreciate their input.

anyway.. thanks for sharing.

ROFLOL

I took a course on comparative religion in college and it was a christian college so understandably Mormonism came through as a "cult" religion. What I have personally never understood is why they selected "Jesus" and did not just name the Mormon Deity with a unique name. To me it always came off as a little bit crafty. After all the Jesus of the New Testament and the Mormon Jesus are not historically the same person they traveled in different hemispheres and had different life stories. And there was also the little matter of women not being able to have eternal life unless they were "called" by a Mormon husband.. I may have been confused because the spirit babies being born before in some other realm waiting for a human body was also a difficult concept. It seems modern Mormonism is divided in its theology and like most religions unless you are a theologian the common congregant is unaware of the actual doctrine of the faith. I also find the work on ancestry somewhat disturbing as it seems the reason for the effort is to baptize people who were not baptized in their life on earth. Not sure some families would agree with the Mormon church adopting their ancestors and baptizing them into another religion.

As for evolution, the reason I believe so many people still struggle with the concept is that it changes so frequently from big-bang theory, to punctuated equilibrium theory, to warm pond theory and so on. Add in the missing bodies and fossils from the evolutionary time lines theory of when Humans first appeared there seems to be a discrepancy as to the earths population. If man appeared when evolutionists say he did using the most conservative of population methods and taking into account natural disasters and wars, we would be stacked on the earth like sardines in a can. Then there were those weird pictures in science books showing pigmies and small horses as "proof" of evolution. Not sure what that proved still have pigmies and dwarf horses what did they "evolve" to?

So for me being simple minded as I am, its confusing. In any case it takes just as much faith to "believe" worm + 65 million years = man as it

does to believe the creation "theory".

No I am not drunk ..but I am on the way ...and oh, your welcome

Principle is all wrong. You can't break into my house and expect kindness and sympathy in return, even if my daughter likes you. They expect some 'common sense'? Where was their common sense when they crossed borders illegally?

And what if they receive negative decision? Can we really expect someone who entered US illegally to go back to wherever the hell he/she came from? NO they will simply continue their illegal business as usual. Mah

Not sure how you come to the conclusion that alleviating hardship on US Citizen is a wrong headed principle. Neither is it wrong to save Taxpayers money who deserve kindness and sympathy since they foot the bill for USCIS offices to exist all over the world. The basis of the proposed rule change is family unity for members of US Citizens households, going against that principle is wrong IMHO. As was mentioned not all needing waivers

were a party to an EWI.

As for the head in the sand approach certainly the government is on better footing knowing where the alien is, who he/she is married to and

where they work etc, etc, if they wish to initiate removal proceedings post denial. More families will come forward and try to comply with

legalization, get on the tax rolls completely and more families who are denied will be separated and more aliens removed than before which seems to

be in keeping with idea you prefer which is them going back to where they came from.

So if you are "for" more broken families containing US Citizens this proposal should appeal to you. In the end that is the down side no one is mentioning, it will be much harder to prove hardship without a family separation since the Hardship standard has not been changed.

The "Obama Amnesty" -- Too Good to Be True

by Charles Kuck

As reported extensively over the last two weeks, and in a way that was grossly misunderstood by the average person, the Obama administration plans to issue a regulation that would address a long-standing problem in immigration law—a Catch 22 created by requiring the spouses and children of U.S. citizens who entered the country unlawfully to depart the U.S. before completing the processing of their application for lawful permanent residence. The trouble is that once they leave the country, they are subject to a three or ten year bar for unlawful presence and need a waiver to get back into the US earlier than the 3 or 10 year bar would allow. The new proposal would allow them to submit the waiver application to the USCIS in the United States and receive a decision before departing the U.S., thus reducing the time, anxiety, and sometime danger inherent in waiting abroad for a decision.

This Catch-22 is one of the most notorious problems in the immigration system and the regulatory change is long-overdue. Due to processing backlogs, uncertainty of outcomes and violence in cities with key U.S. consulates—such as in Ciudad Juarez, Mexico—the prospect of becoming a lawful permanent resident has become an uncertain and frustrating affair for some applicants. Recognizing this problem, which arises in part from regulation, is an example of USCIS acting responsibly to address a problem of its own regulatory making in an expedient and lawful way.

The too good to be true part is that there is no change in the law yet, and we have not yet seen the actual wording of the proposed change. The truth is this rule change will not open the doors for more immigrants, or provide relief for the millions of undocumented immigrants in this country without the necessary family and work relationships to obtain status. Therefore, calling it “amnesty” is nothing short of a lie. No one who was not already eligible for a waiver is now eligible. This proposed rule will not affect anyone new.

The other too good to be true part is that we can not expect this change to take affect before the end of the year. The Rulemaking Process is SLOW. Even if we get a proposed rule issued in the Spring (a big "if"), given the required comment period, and intense desire of USCIS's "culture of no" employees to slow down any real change that benefits immigrants, there is no conceivable way the change will happen before the election. And, if Obama loses in November, that will halt all pending changes in their tracks, and we will never see this common sense change take place.

What should you do? Do what you were doing. Do not make any changes in how you might have currently been processing for a waiver. Live your life. And, talk to an attorney if you are married to a US Citizen or permanent resident, or have Citizen or permanent resident parents. Perhaps you did not know that you already qualify for a waiver.

Hello there, hope you all having a great day.

My question is, i know i will be filling for i-601/212 after my interview. no criminal records just overstayed for about 10months.

Have passed all processes and now getting ready for my cr1 interview at the embassy in my country. my wife and children relocate

with me to my country. been here close to a year, no job, tough life. family tearing apart. how will my usc family leaving here with me affect

my chances of getting waiver approved and can i asked for expedited process? any thoughts, advice ? you can also e-mail prvt. God bless.

Sounds like you have case that can be approved. The location of your family during the process does not effect the waiver negatively. It may make documenting hardship a bit more challenging as getting translations for the evidence will be an issue If possible find an attorney who can work with you. Sounds like with no income another challenge will be the proving your wife can support you when you return and establishing domicile is also an issue. A deportation also adds in additional factors to overcome. With minimal aggravating factors approval chances are higher.

This has nothing to do with the proposed changes which apply only to USC

Who is the qualifying relative? *for I601

That depends on why the foreign national is inadmissible!

IF the ground of inadmissibility is for prior unlawful presence or misprepresentation, THEN the qualifying relative is a US Citizen

or Lawful Permanent Resident spouse or parent.

IF the ground of inadmissibility is for prior criminal history, THEN the qualifying relative is a US citizen or lawful permanent resident spouse, parent, or child.

BUT REMEMBER FIANCÉES/FIANCÉS! A US Citizen fiancée/fiancé is a qualifying relative too! (See 9 FAM 41.81 N9.3(a) and 8 CFR 212.7(a)(1)(i).

Waiver is only available for USC.

Who is the qualifying relative? *for I601

That depends on why the foreign national is inadmissible!

IF the ground of inadmissibility is for prior unlawful presence or misprepresentation, THEN the qualifying relative is a US Citizen

or Lawful Permanent Resident spouse or parent.

IF the ground of inadmissibility is for prior criminal history, THEN the qualifying relative is a US citizen or lawful permanent resident spouse, parent, or child.

BUT REMEMBER FIANCÉES/FIANCÉS! A US Citizen fiancée/fiancé is a qualifying relative too! (See 9 FAM 41.81 N9.3(a) and 8 CFR 212.7(a)(1)(i).

Hello, My name is Mario. I did the interview in US embassy in Jakarta on 2 November 2011. Luckily, my wife was there so she did get interview also. the problem in because i did overstay over than 1 year when i was in USA, they asked me to filed the form I-601 and 212 which we filed it together on 16 December 2011. We asked if there will be another interview and how long it will takes? they said "no, we will contact you by email or phone and it will take at least 5-6 months"

I am just worry and curious...do they keep your passport as a good sign if they will approved the forms? because they did not hold my passport. and does it really takes at least 5-6 months?

Thank you for the reply

Yes it really does take 5-6 months and in some places it takes over a year and some as much as 18 months. Typically they do not keep the passport while processing the I601 and I212. Did you have an attorney prepare the I601 and I212 and did you provide evidence to support your claims of hardship? If not you can use the time to prepare the case properly, collect evidence and submit a supplement to help your case.