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  1. Like
    Used to be broken got a reaction from millefleur in Warsaw Embassy - What is the time to receive visa?   
    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.   
  2. Like
    Used to be broken got a reaction from millefleur in Warsaw Embassy - What is the time to receive visa?   
    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 
     
  3. Thanks
    Used to be broken got a reaction from Volha Tong in Tourist visa for Belarusian citizen question   
    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.  
    Hi, I think there is no Embassy Relationship with Belarus right now ..if 
  4. Like
    Used to be broken reacted to Crazy Cat in Denied London Embassy   
    I suggest an attorney who is experienced in waivers.  This is not DIY, imho.
  5. Confused
    Used to be broken got a reaction from AshMarty in esta overstay   
    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
  6. Haha
    Used to be broken got a reaction from JFH in esta overstay   
    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
  7. Haha
    Used to be broken got a reaction from Crazy Cat in esta overstay   
    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
  8. Like
    Used to be broken got a reaction from EM_Vandaveer in I-601 In-country after receiving EAD and AP   
    Hi,
    Sorry you are going through this, but I would not believe anything anyone at a call center at USCIS says on this matter regarding her travel. They are hourly customer service employees who have no idea of the intricacy of what the government is charging your wife with nor the implications and ramifications of her travel out of the US at this time.
    DO NOT LET YOUR WIFE LEAVE THE COUNTRY under these circumstances. Get an attorney ASAP, Carl Shusterman in California has good track record for fighting oddball stuff like this. This is not "routine stuff" and don't leave it to a family immigration attorney who has never fought a weird case like this. You do not need a "good immigration attorney" you need a friggin BRILLIANT one.
    The initiation of the I601 means that she was not eligible for an Immigrant Benefit to begin with, and somehow they did not catch this when you first filed her paperwork at the overseas consulate. You should expect to see a Notice to Appear and they may begin deportation proceeding against her. If they had she would not be here now. You are in much better position strategically, technically and financially to fight this from here.
    I repeat do not let her leave the country until this is settled. I get that airline tickets and plans have been made, but you do not want the consequences of her being turned around and stuck in her country for potentially years while you fight this out with USCIS.
    Good luck, and please keep us posted with how this situation develops.
  9. Like
    Used to be broken got a reaction from milimelo in Writing my own 601--Need help :(   
    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.
  10. Like
    Used to be broken got a reaction from AmyWrites in Writing my own 601--Need help :(   
    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.
  11. Like
    Used to be broken got a reaction from Luthien in Annoyed with rude responses on VJ   
    Here is my take on this after using Vj for several years
    Impatience with the process fosters grumpiness in almost everyone at some point.
    A little more in-depth analysis of different visa categories seems to shed light on what appeared to be
    rudeness in the forums.
    Based on many of the comments, It seemed to me that there is a category of applicant for VISA's .. that feel entitled to recieve thier VISA because
    they feel superior in either educational or moral attributes to other applicants.
    Another observation on attitudes if you will is toward I601 forum and any other applicant/ poster that is in need of a waiver of any sort.
    the posts in reply to these folks are often very rude and condescending. A mini vent here this one struck me personally as most offensive
    to see a 3-4th generation US Citizen in a long term marriage with waiver "issues" being cut to shreds by someone who met thier spouse on line 3 months ago
    claim moral high ground and tossing snide comments.
    The waiver forum consequently has never really developed on this site and most often rather than answer questions and work on forum development
    in this area , the posters are encouraged to jump ship and go to I2US.net . This always baffeled me even some of the people who appear to work
    or volunteer on this site seem to encourage waiver cases to leave the forum and go elsewhere for answers.
    Another area of rudeness is the "newbies" who jump in complaining they have been waiting for a couple weeks.. and sound annoyed
    to seasoned VJ users who have been waiting patiently for a long time this rubs the wrong way...
    many newbies come on the board and rather as suggested above than read the guides and become "socially aware" of the forum they are posting in, just spam the board with nonsense and eventually someone pops out rude comments.
  12. Like
    Used to be broken got a reaction from Pitaya in Annoyed with rude responses on VJ   
    Here is my take on this after using Vj for several years
    Impatience with the process fosters grumpiness in almost everyone at some point.
    A little more in-depth analysis of different visa categories seems to shed light on what appeared to be
    rudeness in the forums.
    Based on many of the comments, It seemed to me that there is a category of applicant for VISA's .. that feel entitled to recieve thier VISA because
    they feel superior in either educational or moral attributes to other applicants.
    Another observation on attitudes if you will is toward I601 forum and any other applicant/ poster that is in need of a waiver of any sort.
    the posts in reply to these folks are often very rude and condescending. A mini vent here this one struck me personally as most offensive
    to see a 3-4th generation US Citizen in a long term marriage with waiver "issues" being cut to shreds by someone who met thier spouse on line 3 months ago
    claim moral high ground and tossing snide comments.
    The waiver forum consequently has never really developed on this site and most often rather than answer questions and work on forum development
    in this area , the posters are encouraged to jump ship and go to I2US.net . This always baffeled me even some of the people who appear to work
    or volunteer on this site seem to encourage waiver cases to leave the forum and go elsewhere for answers.
    Another area of rudeness is the "newbies" who jump in complaining they have been waiting for a couple weeks.. and sound annoyed
    to seasoned VJ users who have been waiting patiently for a long time this rubs the wrong way...
    many newbies come on the board and rather as suggested above than read the guides and become "socially aware" of the forum they are posting in, just spam the board with nonsense and eventually someone pops out rude comments.
  13. Like
    Used to be broken got a reaction from Kathryn41 in Annoyed with rude responses on VJ   
    Here is my take on this after using Vj for several years
    Impatience with the process fosters grumpiness in almost everyone at some point.
    A little more in-depth analysis of different visa categories seems to shed light on what appeared to be
    rudeness in the forums.
    Based on many of the comments, It seemed to me that there is a category of applicant for VISA's .. that feel entitled to recieve thier VISA because
    they feel superior in either educational or moral attributes to other applicants.
    Another observation on attitudes if you will is toward I601 forum and any other applicant/ poster that is in need of a waiver of any sort.
    the posts in reply to these folks are often very rude and condescending. A mini vent here this one struck me personally as most offensive
    to see a 3-4th generation US Citizen in a long term marriage with waiver "issues" being cut to shreds by someone who met thier spouse on line 3 months ago
    claim moral high ground and tossing snide comments.
    The waiver forum consequently has never really developed on this site and most often rather than answer questions and work on forum development
    in this area , the posters are encouraged to jump ship and go to I2US.net . This always baffeled me even some of the people who appear to work
    or volunteer on this site seem to encourage waiver cases to leave the forum and go elsewhere for answers.
    Another area of rudeness is the "newbies" who jump in complaining they have been waiting for a couple weeks.. and sound annoyed
    to seasoned VJ users who have been waiting patiently for a long time this rubs the wrong way...
    many newbies come on the board and rather as suggested above than read the guides and become "socially aware" of the forum they are posting in, just spam the board with nonsense and eventually someone pops out rude comments.
  14. Like
    Used to be broken got a reaction from JeannieL in Annoyed with rude responses on VJ   
    Here is my take on this after using Vj for several years
    Impatience with the process fosters grumpiness in almost everyone at some point.
    A little more in-depth analysis of different visa categories seems to shed light on what appeared to be
    rudeness in the forums.
    Based on many of the comments, It seemed to me that there is a category of applicant for VISA's .. that feel entitled to recieve thier VISA because
    they feel superior in either educational or moral attributes to other applicants.
    Another observation on attitudes if you will is toward I601 forum and any other applicant/ poster that is in need of a waiver of any sort.
    the posts in reply to these folks are often very rude and condescending. A mini vent here this one struck me personally as most offensive
    to see a 3-4th generation US Citizen in a long term marriage with waiver "issues" being cut to shreds by someone who met thier spouse on line 3 months ago
    claim moral high ground and tossing snide comments.
    The waiver forum consequently has never really developed on this site and most often rather than answer questions and work on forum development
    in this area , the posters are encouraged to jump ship and go to I2US.net . This always baffeled me even some of the people who appear to work
    or volunteer on this site seem to encourage waiver cases to leave the forum and go elsewhere for answers.
    Another area of rudeness is the "newbies" who jump in complaining they have been waiting for a couple weeks.. and sound annoyed
    to seasoned VJ users who have been waiting patiently for a long time this rubs the wrong way...
    many newbies come on the board and rather as suggested above than read the guides and become "socially aware" of the forum they are posting in, just spam the board with nonsense and eventually someone pops out rude comments.
  15. Like
    Used to be broken got a reaction from Asia in Annoyed with rude responses on VJ   
    Here is my take on this after using Vj for several years
    Impatience with the process fosters grumpiness in almost everyone at some point.
    A little more in-depth analysis of different visa categories seems to shed light on what appeared to be
    rudeness in the forums.
    Based on many of the comments, It seemed to me that there is a category of applicant for VISA's .. that feel entitled to recieve thier VISA because
    they feel superior in either educational or moral attributes to other applicants.
    Another observation on attitudes if you will is toward I601 forum and any other applicant/ poster that is in need of a waiver of any sort.
    the posts in reply to these folks are often very rude and condescending. A mini vent here this one struck me personally as most offensive
    to see a 3-4th generation US Citizen in a long term marriage with waiver "issues" being cut to shreds by someone who met thier spouse on line 3 months ago
    claim moral high ground and tossing snide comments.
    The waiver forum consequently has never really developed on this site and most often rather than answer questions and work on forum development
    in this area , the posters are encouraged to jump ship and go to I2US.net . This always baffeled me even some of the people who appear to work
    or volunteer on this site seem to encourage waiver cases to leave the forum and go elsewhere for answers.
    Another area of rudeness is the "newbies" who jump in complaining they have been waiting for a couple weeks.. and sound annoyed
    to seasoned VJ users who have been waiting patiently for a long time this rubs the wrong way...
    many newbies come on the board and rather as suggested above than read the guides and become "socially aware" of the forum they are posting in, just spam the board with nonsense and eventually someone pops out rude comments.
  16. Like
    Used to be broken got a reaction from elmcitymaven in Annoyed with rude responses on VJ   
    Here is my take on this after using Vj for several years
    Impatience with the process fosters grumpiness in almost everyone at some point.
    A little more in-depth analysis of different visa categories seems to shed light on what appeared to be
    rudeness in the forums.
    Based on many of the comments, It seemed to me that there is a category of applicant for VISA's .. that feel entitled to recieve thier VISA because
    they feel superior in either educational or moral attributes to other applicants.
    Another observation on attitudes if you will is toward I601 forum and any other applicant/ poster that is in need of a waiver of any sort.
    the posts in reply to these folks are often very rude and condescending. A mini vent here this one struck me personally as most offensive
    to see a 3-4th generation US Citizen in a long term marriage with waiver "issues" being cut to shreds by someone who met thier spouse on line 3 months ago
    claim moral high ground and tossing snide comments.
    The waiver forum consequently has never really developed on this site and most often rather than answer questions and work on forum development
    in this area , the posters are encouraged to jump ship and go to I2US.net . This always baffeled me even some of the people who appear to work
    or volunteer on this site seem to encourage waiver cases to leave the forum and go elsewhere for answers.
    Another area of rudeness is the "newbies" who jump in complaining they have been waiting for a couple weeks.. and sound annoyed
    to seasoned VJ users who have been waiting patiently for a long time this rubs the wrong way...
    many newbies come on the board and rather as suggested above than read the guides and become "socially aware" of the forum they are posting in, just spam the board with nonsense and eventually someone pops out rude comments.
  17. Like
    Used to be broken got a reaction from ralphlaw 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.
  18. Like
    Used to be broken got a reaction from tamaraj 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.
  19. Like
    Used to be broken got a reaction from Shirley Ann in Immigration Fraud   
    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.
  20. Like
    Used to be broken got a reaction from caly in filling the I-130 then the I-485 in the USA can be considered fraud!   
    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.
  21. Like
    Used to be broken got a reaction from one...two...tree in Stop the dead from voting   
    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"
  22. Like
    Used to be broken got a reaction from elmcitymaven in Stop the dead from voting   
    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?
  23. Like
    Used to be broken got a reaction from jojolicious in Visa waiver program only applicable under certain conditions?   
    here is "THE" issue. You ran into a CBP person who is first month on the job and slept through class on the "dual citizenship" and this is why he trotted off to supervisor for a refresher course on it. Judging by the tone of your posts you do not like incompetence and/or being questioned and because of that he "read" your annoyance and instead of doing as his supervisor told him and send you on your way he flexed his muscle with the only thing he remembered from CBP school which is he has the final say and can make your life miserable if you show your attitude at the border. Chances are he did not flag you on the computer since he can't remember how to do that either which is why he wrote on the customs form.
    What might happen going forward is if you apply for another ESTA and use the UK passport and leave the Belize passport at home or in your briefcase and leave the country of residence blank on the handwritten form.. you might sail through no problems...
    Apologize profusely if they notice country space is blank..... and under no circumstance are you to give the CBP agent who processes you any indication you are smarter than him or her, richer than him her or annoyed with him or her. Good luck next time.
  24. Like
    Used to be broken got a reaction from Krikit in Visa waiver program only applicable under certain conditions?   
    here is "THE" issue. You ran into a CBP person who is first month on the job and slept through class on the "dual citizenship" and this is why he trotted off to supervisor for a refresher course on it. Judging by the tone of your posts you do not like incompetence and/or being questioned and because of that he "read" your annoyance and instead of doing as his supervisor told him and send you on your way he flexed his muscle with the only thing he remembered from CBP school which is he has the final say and can make your life miserable if you show your attitude at the border. Chances are he did not flag you on the computer since he can't remember how to do that either which is why he wrote on the customs form.
    What might happen going forward is if you apply for another ESTA and use the UK passport and leave the Belize passport at home or in your briefcase and leave the country of residence blank on the handwritten form.. you might sail through no problems...
    Apologize profusely if they notice country space is blank..... and under no circumstance are you to give the CBP agent who processes you any indication you are smarter than him or her, richer than him her or annoyed with him or her. Good luck next time.
  25. Like
    Used to be broken got a reaction from Boiler in Visa waiver program only applicable under certain conditions?   
    here is "THE" issue. You ran into a CBP person who is first month on the job and slept through class on the "dual citizenship" and this is why he trotted off to supervisor for a refresher course on it. Judging by the tone of your posts you do not like incompetence and/or being questioned and because of that he "read" your annoyance and instead of doing as his supervisor told him and send you on your way he flexed his muscle with the only thing he remembered from CBP school which is he has the final say and can make your life miserable if you show your attitude at the border. Chances are he did not flag you on the computer since he can't remember how to do that either which is why he wrote on the customs form.
    What might happen going forward is if you apply for another ESTA and use the UK passport and leave the Belize passport at home or in your briefcase and leave the country of residence blank on the handwritten form.. you might sail through no problems...
    Apologize profusely if they notice country space is blank..... and under no circumstance are you to give the CBP agent who processes you any indication you are smarter than him or her, richer than him her or annoyed with him or her. Good luck next time.
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