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View Full Version : In Country I-290B Filed in Oct 2007


dylski71
05-09-2008, 03:08 PM
Does anyone know how long it takes to adjudicate an I-290B (filed here in Chicago in Oct. 2007)?

Some of you may know my situation. I am a Canadian citizen. I was working here legally on an TN Visa every year from 2001 - 2005. I married my USC wife in October 2005, and we filed our paperwork in Feb 2006. had our marriage interview several months later and it was ok. I disclosed the fact that I had a cannabis possession charge from March of 2003 (yes, while I was working legally in the US at the time). Of course, we were denied and asked to file an I-601 waiver.

The work card and advance parole came easily while my waiver was pending. I filed for a second set of these in 2007 and received both.

It wasnt until September of last year that I was informed that my I-601 waiver was denied (for possession of a half a gram of cannabis) due to lack of hardship in the letter (my lawyer didnt really stress how important the HSL was and our HSL contained very weak arguments). So, We filed an I-290B Motion to Reconsider in October of 2007, beefed up the HSL letter, aquirred medical documents for both of her ailing parents, psychologist evaluations for my wife's depression, and letters and affadavits from everyone we could think of, both friends and family.

Seven months have passed since we filed the MTR. I know USCIS is frontlogged and backlogged and nobody can rely on their timeframes anyways. Dealing with these people really sucks.

Has anyone filed an MTR in the US and received an approval shortly thereafter, or can I expect anothe 1-2 years of waiting? My wife and I have put off starting our family, and both my mother and grandmother are fading away healthwise. My mother has extreme kidney failure and renal encephalopathy and my grandmother is 90 with pneumonia. I cannot travel over the border and I'm going crazy thinking that if someone passes away- I cant even go to a funeral.

I'm getting very tired of waiting for the government to do their work, and I feel awful for all the people on this site waiting for their various issues to be resolved. Any advice or experiences from other people would really help!!! This whole process has taken such a toll on everyone involved.

blueblue
05-09-2008, 04:22 PM
Where was the conviction entered (city, state)? Was it in the 9th circuit by any chance?

dylski71
05-09-2008, 04:30 PM
BlueBlue,

I'm not sure whether it was the 9th circuit. I was covincted at the DuPage county courthouse in Wheaton, Illinois - a West suburb of Chicago.

blueblue
05-20-2008, 04:37 AM
IL is not in the 9th circuit. Rules are a bit better in the 9th on that conviction.

I am not that familiar with the handling of an MTR in-country, if it were filed at a USCIS office outside the country, the MTR is considered an appeal if they don't act on it and it is forwarded to the AAO for review. If they forwarded your appeal to AAO, they are taking 18-24 months to review appealed 601s.

Perhaps your, your lawyer or your Congress(wo)man can contact USCIS to inquire on the status of the MTR.

Hopefully others who have filed in-country MTR will add their experience.

klaudialaw
05-20-2008, 06:42 AM
Was the MTR with the same office who gave who denied you the first time or different office?

dylski71
05-20-2008, 02:08 PM
It was filed at the same office that denied the 1-601

klaudialaw
05-20-2008, 02:20 PM
Oh i see. I heard it takes 6-8 months for that motion to be either denied or granted.