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Found 21 results

  1. Does anyone know if there is currently any way to obtain a waiver for the COVID-19 'vaccine' requirement for an adjustment of status (I-485)?
  2. Hello, I'm J1 visa holder, my last day of the internship will be May 5, 2023, I'm subject to 2 years of residence in my country, so I'm applying to the J1 Waiver, my embassy just sent my No objection letter to the State Department. I'm also will get married. These are my questions: Should I get married before my J1 visa expired or can I get married during my 30 days grace period of the J1 visa? Can I apply right away when I get married, and apply for AOS (adjustment of status)? Do I need to leave the country or can I stay while I apply during the 30 days grace period?
  3. Hello, -Cbp canceled my tourist visa b1/b2 at the airport because apparently i was working and they gave me 5 year bar and after a month of that situation, I got married with my wife and she is a citizen. And we start the process but we never send a waiver because a lawyer told us, the tourist visa and residency visa are two different things and i have a bar for another tourist visa, that's why we never filled out the waiver but after long time waiting for uscis and nvc, we finally went to the interview at the embassy in dominican republic and the last lawyer that we hired here in dominican republic told us that when we get to the interview the counselor, he's going to require me a waiver but they didn't ask for a waiver but we talk about my 5 year bar and he told me he needs to contact cbp because they need to confirm if i'm going to need a waiver or not and he gave me a 221g and kept my passport and told me, you just need to wait because i don't have the power to do anything without contacting cbp. (they were to people at the time of my interview so it's no way that could be a mistake of him). my question is he keeping my passport is a big chance to get my visa? has anyone heard of a pardon waiver? What i should expect from them?
  4. Hiii everyone. Pending decisions after an interview is so stressful so I thought why not post here and share this with you guys. So I have recently interviewed (12 days ago) for i751 divorce waiver based on good faith marriage. My lawyer was present via telephone and we added Abuse (mental cruelty) + hardship waiver while I was there. My interview experience was alright but my lawyer told me ‘I gave A LOT of info’ as I went into the detail of why it ended. My emotions do overtake me when I explain that as it was an extremely hard time for me. The office heard me out and just asked basic questions for verification purposes and said how they will mail me or my lawyer if they need anything from me and will get back to us in 1-2 weeks as they need to review the case. I read an expert mention here to a post how adding a ‘hardship’ waiver can be problematic. My attorney is good so I would like to think they know what they’re doing. Anybody here have any idea how long they take to respond after an interview? Also does anyone know what’s going on with their online and automated phone response as it’s stuck on ‘my case is ready to be scheduled for an interview’ even though I have completed the interview.
  5. Hi everyone. Is anyone here from the Philippines and applying for a spouse visa and unvaccinated . How was the process? Did St.Luke’s ask why you are not vaccinated? How was the interview? And how did you apply for a waiver ( religious and moral convictions ? Pls share your experiences. Thank you
  6. hello all I am looking for guidance on my case and hope I can get referred to precedents that will help I came to the United states on a B2 visa in Dec 2017 and filed for asylum within my 6months visa validity. I was interviewed within my 6months visa validity and referred to the courts. Since then I am yet to go for MCH as the courts keep rescheduling. in the meantime due to my advanced degree I applied for EB2 NIW and due to the nature of my job I was able to prove the 3 prongs and my petition was approved. Several lawyers told me that I am not eligible to file in the US and I had to leave the country. I have a daughter who is 5 and a us citizen the main reason I had to file asylum and leave my life back in my home country because she was going to be circumcised so I cant go back to my home country. A lawyer agreed to take my case saying it was possible to file in the US if DHS agrees to terminate my case, if so then USCIS will have jurisdiction over my case and I would be able to adjust my status. However I found a recent precedent by USCIS saying an asylum seeker cant adjust status as they are not in lawful status and as such cant adjust status in the US. this non precedent is by the Administrative appeal office. I am eligible to adjust my status? what should i do I. LAW Section 245(a) of the Act provides that the status of noncitizens who were inspected and admitted or paroled into the United States may be adjusted to that of a lawful permanent resident if they are eligible to receive an immigrant visa and are admissible to the United States and have an immigrant visa immediately available at the time the adjustment application is filed. In addition, noncitizens who seek adjustment of status in a category other than immediate relatives ofU. S. citizens or certain special immigrants must demonstrate that they are not subject to any of the bars to adjustment set forth in section 245(c) of the Act. Section 245( c )(2) of the Act disqualifies from adjustment noncitizens who are in unlawful immigration status on the date of filing an adjustment application, have "failed ( other than through no fault of [their] own or for technical reasons)" to maintain continuously a lawful status since entry into the United States, or have accepted unauthorized employment prior to filing an adjustment application. Section 245(c)(7) of the Act prohibits noncitizens who are beneficiaries of employment-based visa petitions from adjusting status if they are not in a lawful nonimmigrant status on the date of filing. Section 245(k)(2) of the Act allows noncitizens who are beneficiaries of employment-based visa petitions to adjust status pursuant to section 245(a) notwithstanding subsections (c)(2), (c)(7), and ( c )(8) it: subsequent to a lawful admission, they have not for an aggregate period exceeding 180 days failed to maintain continuously a lawful status, engaged in unauthorized employment, or otherwise violated the terms and conditions of their admission. II. ANALYSIS The issues before us on certification are: 1) whether the Applicant, through the filing of an asylum application, maintained a lawful status after the expiration of his nonimmigrant visitor status for the purposes of sections 245( c )(2) and 245( c )(7) of the Act, and 2) whether his asylum request, which was pending when he applied for adjustment of status and subsequently denied, was a request to maintain lawful status that qualified him for the technical violation exception under section 245( c )(2). The Director determined that the Applicant was ineligible to adjust status pursuant to section 245( c )(7) of the Act, which specifically bars applicants from adjusting status based on employment if they are not in a lawful nonimmigrant status on the date of filing the Form I-485. The Director further determined that the Applicant was barred from adjustment under section 245(c)(2) of the Act because he did not continuously maintain a lawful status after being admitted to the United States in January 2015, and he did not establish that he qualified for an exception to this requirement. The Director determined that the Applicant did not meet the criteria under section 245(k)(2) of the Act for exemption from the section 245( c )(2) and ( c )(7) bars to adjustment because he had failed to maintain a lawful status for over 180 days subsequent to his last lawful admission prior to filing for adjustment of status. The Applicant does not contest that his nonimmigrant status expired on July 26, 2015, while his asylum request was pending. He asserts that he was nevertheless maintaining lawful status in the United States after July 2015 because U.S. Citizenship and Immigration Services (USCIS) authorized him to remain and work in the United States until a decision was made on his asylum application. He further argues that he failed to maintain his nonimmigrant status for "technical reasons," because USCIS did not timely act on his asylum request, and that his failure to extend his nonimmigrant status after applying for asylum was through "no fault" of his own. He claims that the exception in section 245(c)(2) of the Act therefore applies in his case and allows him to adjust his status despite not having maintained lawful nonimmigrant status. The Applicant was admitted to the United States on January 27, 2015, as a nonimmigrant visitor (B2) for a six-month period until July 26, 2015. In February 2015, while in B-2 nonimmigrant status, he 2 filed a Form I-589, Application for Asylum and for Withholding of Removal (asylum application). USCIS later authorized the Applicant's employment in the United States based on the pending asylum application, and he began working in November 2015. In May 2016, the Applicant requested that his asylum interview be expedited, but the asylum office denied the request citing lack of resources. In February 2017, the Applicant's employer filed an employment-based immigrant visa petition to classify him as an unskilled worker under section 203(b )(3)(A)(iii) of the Act, 8 U.S.C. § ll 53(b )(3)(A)(iii), and the Applicant concurrently filed the instant Form I-485 to apply to adjust status to that of a lawful permanent resident. In[::::]2017, while the adjustment of status application was pending, the asylum office determined that the Applicant had not established eligibility for asylum and referred his claim to the Immigration Court through issuance of a Form I-862, Notice to Appear (NTA). An Immigration Judge dismissed the removal proceedings in I 12018 on motion of the Department of Homeland Security (DHS). The Director's denial of the adjustment of status application followed. A. Effect of Pending Asylum Application on Lawful Status The Director determined that the Applicant was not in and maintaining lawful immigration status when he filed his adjustment application in February 2017 because his B-2 nonimmigrant status had expired and he had not been granted an extension or change of his nonimmigrant status. The Director further found that a pending asylum application did not create any new "lawful status" within the meaning of section 245(c) of the Act. We agree. The regulation at 8 C.F.R. § 245.l(d)(l) defines "lawful immigration status" as limited to six categories and does not include a pending asylum application as one of the categories. 1 Furthermore, policy guidance issued by the former Immigration and Naturalization Service (INS) has consistently recognized that filing an application for asylum does not continue or extend lawful status for the purposes of section 245(c) of the Act. See Memorandum from Louis D. Crocetti, Associate Commissioner, Policy Clar[fication Regarding the Effect of Filingfor Asylum on Nonimmigrant Status (Apr. 23, 1996) (Crocetti Memorandum). The Crocetti memorandum reaffirmed prior guidance stating that the act of applying for asylum does not have the effect of extending nonimmigrant status and does not confer any type of lawful immigration status upon an applicant. Id. at 1. This interpretation is consistent with regulations governing asylum applications, which prescribe different post-adjudication procedures depending on an applicant's immigration status at the time a decision is rendered. Specifically, 8 C.F.R. § 208.14(c)(l) instructs that if asylum is not granted and the applicant appears deportable under section 237(a) of the Act,2 the asylum officer must refer the application to an Immigration Judge for adjudication in removal proceedings.
  7. Hi, My approval notice for the J1 waiver is lost. Department of State never took into account my address change. As a result, USCIS used an old address to send the notice. Luckily, the USPS redirect that I've arranged worked for redirecting the receipt of the case, but looks like it failed for the actual approval. As a result, I have my case number with USCIS and I can see on their website that it was approved (mid November 2021), but I don't have the physical approval notice nor a digital copy of the approval notice. I tried obtaining a physical copy by: 1. inquiring at USCIS to resend the physical copy because it was lost (actually I have no proof that it was send). They replied saying that they indeed approved the case and that they sent an approval which was never returned USPS. I did this twice and got the same answer. 2. using FOIA (Freedom of Infromation Act) which resulted in a similar answer. As my next step is consular processing for obtaining the green card (I-140 based on EB2-NIW approved), I'm asking if either of you had any experience with providing alternative evidence (during the interview I guess) for the waiver. I was considering the following evidence: (a) copy of the receipt notice with USCIS, (b) various screenshots from the DoS portal (waiver was based on 'No Objection') and from USCIS portal with my case status (c) e-mails from USCIS confirming that the case was approve (resulted from interactions 1. an 2. above) Ultimately, I know I can try filling I-824 and wait between 2 and 23 months (and only for a mere $465) to get a copy of the approval. I find this solution the ultimate definition of red-tape -- at the end of USCIS will be the one consuming the document that they issued (unclear if they mailed it or not) and that is lost. So far, I asked 3 attorneys and two of them suggested that I should get a physical copy and another one suggested that it might be enough with the evidence above. Thanks
  8. Hey all, I was a J1 visa holder, subject to 2 year home residency requirement. I am in a process of applying for J1 waiver based on an exceptional hardship to my USC wife. I submitted I-612 to USCIS and in parallel submitted the DS-3035 to DOS. When I completed the DOS portion it generated a barcode that I, apparently, was supposed to include with my I-612 documents and send to USCIS. USCIS, however had no mention of that barcode anywhere and has accepted my application successfully. I am worried that without this barcode the USCIS wont be able to forward the I-613 to the DOS once they make their decision. Does anyone know what the process is for the USCIS to share it's decision to DOS. Has anyone had a situation like this? Thank you
  9. My I-601 waiver was approved by USCIS April 26, 2022 for my immigrant visa case. I noticed that my CEAC date of last update has not been updated, suggesting they did not get the waiver approval notice. I was waiting for instructions from the embassy after the approval but did not hear from them. So I emailed the Montreal consulate and after two weeks they responded that they did not yet receive the approved waiver and will not proceed without it. What am I supposed to do ? I scanned and emailed the approval notice to them (I-797 from USCIS) in reply to their email. Normally the consulate is supposed to be notified directly by USCIS upon approval. Has this happened to anybody? How do I get this resolved ? Please help!
  10. Hi Everyone, I have applied for J1-waiver on second week of January, 2022. Documents were received by DoS, Washington on March 30th 2022 as shown on https://j1visawaiverstatus.state.gov Since then there is no update about NOS. I confirmed with Indian Embassy Washington and they emailed my final No Objection statement to wrd-nos@state.gov on Feb 1st, 2022 and I have also received a copy. Even, I mailed a copy of the NOS on May 27th 2022. Today the Indian Embassy Washington again emailed my NOS to WRD. But, still my case status is pending and I don't see the NOS item on my portal. My J1 status is expiring on Jun 15th, 2022 and I am getting worried. Any ideas how to confirm about whether DOS has received the NOS or not? and approximately how long would the waiver approval process take and any way to expedite this process? Is there any other to extend my status as my waiver is pending? Thanks
  11. Hi guys! I'm new here. I just wanted to share my experience and hoping to hear from others who's going through a similar process with me. We hired an attorney for I-130 ( I'm a spouse of a US citizen) and i601-A Provisional Unlawful Presence and here's my timeline so far: 1) Submitted the I-130 on May 26,2021 2) Received receipt on June 10,2021 3) Approval received on July 11,2021, only 31 days after the receipt notice! Service center was Nebraska office and during the application the time frame for approval was 3-7 months so we just got super lucky that it got approved so fast, and we did not request expedited service. SECOND PART IS THE WAIVER: 1) Submitted the I-601A Waiver on October 6,2021 2) Receipt date October 11,2021, Field office is at Potomac Service Center (estimated approval time is about 29 to 36 months) ------(UPDATES TO FOLLOW)------- PLEASE if you're a 2018,2019,2020 I-601a filer, I would like to ask if you could share your experiences too like when did you submit the i-601a waiver, biometric appt, and how long it took to get your i-601a approval. It's very stressful and very uncertain and I wish it won't take years for me but I know we all need to wait in line and trust the process but if you guys could share some insight I would greatly appreciate it! Thanks so much!!
  12. Hi, I am from Italy, I overstayed my esta for 181 days back in 2020, I left the country voluntarily when I could. I have been banned for 3 years. I overstayed due to COVID 19, I was pregnant and I was scared to traveling. I would like to understand what are my chances to come back in the USA as tourist after the ban will be over, if they will consider the reasons why I overstayed. Could I ask for a forgiveness ?
  13. Hello, We are currently completing the I-601 Application for Waiver of Grounds of Inadmissibility ourselves without a lawyer. We are filing as a US citizen for my mother as an immediate relative immigration visa. She was denied her visa due to 212(a)(6)(E)(i) smuggling her first born son to the US over 30 years ago. We are completing the i-601 waiver form and seeking a waiver under INA Section 212(D)(11). Part 5 of the I-601 form is asking for information about a qualifying relative and also for a statement of extreme hardship; however, INA Section 212(D)(11) doesn't mention the need to show extreme hardship to a qualifying relative as it does for other waivers (below is the language for the waiver). Has anyone had experience with this and provide some help on how to complete these specific sections of the form? Is a qualifying relative required? Do we have to document some type of "extreme hardship" for this type of waiver request even though the waiver language doesn't mention it? I don't want to leave the areas blank for it to be returned as incomplete but I am not sure what to fill in. Any help would be appreciated! INA 212(D)(11) states that: The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) of subsection (a)(6)(E) in the case of any alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of removal, and who is otherwise admissible to the United States as a returning resident under section 1181(b) of this title and in the case of an alien seeking admission or adjustment of status as an immediate relative or immigrant under section 1153(a) of this title (other than paragraph (4) thereof), if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of such action was the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
  14. Hello everybody, I wanted to ask for some advice from anyone who's been through the same thing as me as I prepare to send off my I-751 in the coming months. I was married to my ex-wife between July 2018 and October 2019. When we separated, I had literally just had the interview for the green card about two weeks before in February 2019. She filed for divorce in April and it was final in October 2019. I spoke to a lawyer who told me that cases like mine are "troublesome" and basically was saying that because the period between the green card interview and the separation was so short, I will have difficulties trying to make my case because there's no evidence of our marriage for the period after I got the card. Before anyone asks, yes it was a marriage in good faith. Unfortunately, 9 months in, my wife (USC) told me that she didn't love me and wanted a divorce. Just as a little background. We first got together while in university in 2016. We briefly lived together in England later that year and kept up a long-distance relationship (we would fly back and forth often) until we decided to get married while I was visiting her in the US in 2018. A month after we married, she got a job offer which she accepted which meant she had to leave the country for 6 weeks at a time and then return for 3 weeks (6 weeks on/3 weeks off). This put an enormous strain on our marriage and communication between us got pretty bad after that, mostly because (and I know this might sound trivial) the internet connection was so poor (she worked in a third-world country) that skyping became virtually impossible. Once she got the job, which was something of a dream job for her, she seemed to just reassess what she wanted in life over the next number of months and came to the conclusion that being married to me was something she didn't want. To be clear, I never wanted to get divorced, it was her decision. She was so rapid in breaking up with me and getting me to sign divorce papers the next month that I was taken by surprise, to put it mildly. I believe I have a good body of evidence: Tax return for 2018 filed jointly Bank statements for a joint checking account for the months we were together (July 2018 – March 2019). Gas bills with our names on addressed to us. A sworn affidavit from our landlord (her father) that we resided in the same house during our marriage Sworn affidavits from her, myself, all of her immediate family, all of my immediately family, and a mutual friend who was there when we first got together. Pictures from our wedding and a photo album detailing a timeline of our relationship from 2016 right up until January 2019 (vacations, general times together etc). Phone bills from her mother with both our numbers listed on the bills while we were married (I know this one's weak but I figure anything that could help). Many letters (mostly romantic) exchanged between us during the course of our relationship. Of course, because of the timing of the separation, I'm aware that it'll raise red flags and of course I would love the opportunity to plead my case in an interview, because I know full-well, along with her family, my family, and her, that the marriage was entered into in good faith. I must say though that my anxiety has skyrocketed because from immigration's point of view it's going to look extremely suspicious, which is as much what the lawyer said. Does anybody have any experiences or advice that they can share with me to give me some perspective or guidance. Since our divorce, I've built something of a life for myself in this country and have a good job, and frankly I'd be devastated if I had to leave. Thank you!
  15. Hello, I was just denied entry to the USA with a ESTA because the purpose of my trip was to get married to a US citizen. They said to obtain a k1 visa and then come back. They didn’t accuse me of anything or ban me, or at least it doesn’t say it on the papers. But on the letter they gave me it says “she was advised to come back with a visa and waiver.” Would the waiver be if I intended to come back with a tourist visa? Do I still need a waiver if I come with a k1? Thank you Less
  16. I applied in July 2020, in May 2021 I received a RFE Now I just got an interview notice for Feb 2022 Do I need a lawyer to come with me at the interview? Will the officer behave differently if a lawyer is not present?
  17. Has anyone filed the 212 waiver themselves for Ciudad Juarez or do you have to use a lawyer?
  18. I have 2 questions for my mom's tourist visa. Thank you in advance to those who can help. 1. Her tourist visa expires September 2022, can she still travel to the US from January 2022 to February 2022? 2. We started the visa renewal process. We paid the fee, finished the DS-160, but we didn't see the Interview Waiver Letter and we have not sent anything else to the embassy. We have not set an appointment yet. If she travels to the US next month (Jan 2022), would there be an issue if we already started the visa renewal process?
  19. Hello- I posted my events and details before here. I could not find it; So I am starting the new topic. 2015/10: Got Married to USC 2016/09: Got Conditional GC 2017/09: Got Divorced 2018 April: Applied for ROC with waiver (Bonafide marriage) 2018 June: Received extension letter Since then nothing till February 2021. In February 2021, Online system says: Your case is ready to be scheduled for an interview. Since February 2021, it has been like that for 8 months almost and no update. Also it has been almost 3.5 years since I filed for ROC. Are these normal situation? I did not get any RFE yet though. Also, September 2021 is my 5 years anniversary of GC (still conditional technically). I heard a permanent resident can apply for Citizenship after 5 years. Can I apply for Citizenship? My ROC is also pending. What I do?
  20. Hi, I really need help. My partner and I have consulted with 2 lawyers already, but they are saying different things. Just a background story, I have worked in the US on my tourist visa in the past and a month ago I got detained at LAX airport for 4 days. I was honest with them that I have worked in the past and that I have a boyfriend in the US for 3 years. They gave me a choice of withdrawing my visa (not banned) for me to be able to apply a visa again.. Although, my worry is not being able to apply again even though they said I can. I want to know the chances of us getting approved for Fiance or Spouse visa in case we apply, the timeline, and what kind of waiver do we exactly need and how long does that take as well. We have been doing our research, but there are a lot of waivers and I'm not sure which one is the best to use if ever we might need one. We've been apart for more than a year and the clock is ticking for Fiance Visa 2-year window. I really want to be together with my partner already and I want to believe that we can be together again. It will also be helpful if there are lawyers out there who are experienced with this case. Thank you for your help!
  21. Hello, guys! I am an american citizen, and got married to Romanian citizen. Romania is in the "Skill List", and he has "two years rule applies" twice. It's weird, because he got 2 J1 visas, and both had this rule. How did he get the second J1 visa, I really do not understand. Anyways... We got all documents from Romanian embassy and have sent to state gov. He does not owe any money to any states, no scholarships, no grants. BUT his J1 visa is already expired for 7 years, not sure if it's important. Just want to understand how long we have to wait for the answer in "COVID era." I saw in this forum that some applicants waited for 1 month, some for 8 months. Does anybody have removing "two years rule" experience in 2021? I have attached screen, we have started the process in 2019, but just this year got all documents what we needed.
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