Does anybody knows timelines i-601 in Russia?

[VeronikaK]

Hi, everybody! i am new here and i hope i can help somebody as somebody can help me... I got granted political asylum, but DHS filed an appeal, got married on USC , got approved i-130. Now DHS wants me to take my political asylum case and make me leave a country and try to file 1-601... I dont know how can i live without my hubby, very scared.Have no idea how long it takes in Russia and what happened if they denied it? If somebody have something simular? Thank you...:shy:

[Ginger]

Veronica, welcome to the forum.

Time in Russia for process waiver from 9 month to 15 month.

I am not sure that I clearly understand your case. So, your got granted political asylum and then INS made a mistake and sends it for the appeal? If so, you should not be punished and should not need a waiver.
Please clarify the situation because there is a chance that INS trying to cover their own mistake and with the help of a good lawyer you might win the battle.
If you would post your timeline that would be very helpful.

As for your concerns what would happened if waiver denied, you can always reapply for other one, your hubby could move to Russia or both of you could live in a third country ( like England or Canada for example).

Good luck.

[Ginger]

http://immigrate2us.net/forum/showthread.php?t=194
You might want to look in this thread as well.

[VeronikaK]

thank you for responce. its so nice to feel that you r not alone... the situation is - INS appealed against me not by mistake - with purpose, he doent belive me, and he requested BIA returned case back to judge ( he tryes to occuse me in misrepresentation), the bad piont i dont have clear prove of my admition to USA ( used passport under diffrent name and i dont have it). Now he tries to make me take my story back, apply for i-601 waiver. And i am not sure what happened if my case will be returned, i guess they will deport me ( or what?), and i have no idea how my waiver will go in this situation, and should i just go till the end and fight back? i do have pretty good attorney, but still want to hear from people who went through stuff like this...

[Lulu]

Ooh, that is awful. So the INS appeal is still pending? Definitely wait it out, hopefully the BIA will not overturn the decision. In the meantime, do anything you can to try to prove your lawful entry, even if you don't have the passport. Perhaps you can try to obtain a duplicate I-94 if you remember the details (name on passport, date and time of entry, etc.). If the decision is overturned, try to obtain voluntary departure, which means you have to leave the US, but you have a few months to leave on your own.

And find out exactly what they are charging you with (that would require an I-601) and why so you can address it properly later on. You don't seem to have any time in unlawful presence, so the only thing you may need the waiver for is misrepresentation. But under what circumstances? If they believe your entry was lawful but fraudulent, then you wouldn't need to leave in the first place. If they believe your entry was without inspection, then where is the fraud/misrepresentation? During your asylum testimony? If so, does that warrant an I-601? How interesting.

[Manda316]

I dont know about 9-15 months that sounds a bit to much. I was told by my embassy in Armenia that my processing time for my waiver that is filed in Russia would be 3-6 months and I have even read someone getting a response within 6 weeks. I filed mine on june 14th however they didnt get it till July 11th so thats when my countdown should start.

[VeronikaK]

Manda316, i wis you right, but still hard to belive its going to take that short time. I kinda thinking myself wait for BIA decision. About what they charge with - i was in USA 5 years ago, and INS try to proove i never left- so guess it will misrepresentation/overstay... not sure. My hubby gonna do anything he can do stay together. Gonna talk with a laywer Friday, let everybodu know what he going to say... Getting tired from all this immigration stuff!:cry:

[Ginger]

Manda, I know that it does sounds too much. I based my time on an actual cases that I have heard of and know the people.
When we went to the Poland, I was told that my waiver would be process for 2-4 weeks. On that point Vienna had a backlog for 10 month. Embassy often have no clue what they are talking about or just do not want to deal with the people-s grief. I am sure that everyone rather believes that their waiver would go around for 6 weeks. However, I think that it is better to be prepared to wait for a long time then get depressed when after 6 weeks it would be no answer.

Veronica, I have to tell you, you are lucky that INS even trying to get a proof that you have entered with the inspection. You have clearly broke the law by entering on other person’s passport. So, in other words, you entered without the inspection, The penalty is deportation. You might need 212 waiver and 601. You should not be able to adjust your status in the US, no marriage to the US citizen or political asylum can be applied.
Question: what is passport of the US citizen? I hope not, because if yes, you could be banned for the life without any waiver applies.

From what you are telling it sounds like INS have made lots of mistakes in your case and now they just trying to cover their self by telling you that you have to leave and file for the waiver.

The things you need to know for sure are:
-was it the US citizen passport when you entered the US
- if answer YES: are there are any way INS can prove it
- if answer YES: do not leave a country, you would never be able to come back
- in your file, in all adjudication papers what did you wirte on What visa you came, what name? ( your real name or name in the passport).
- I would say you really need to consult a good attorney in order to figure out how to clean this mess.

[Ginger]

Veronica, do I understand you correct, you came 5 years ago on a wrong passport (not yours) then left and now came on your passport?
If this is correct, then you better hope that they would think that you never left. This is how it goes: you entered under fake name (hopefully not the US citizen), that is illegal, so you already need 601 wavier and leave the country to strait the mess.
Them you came back on you own passport ( and you were not suppose to) – enter the country second time = life ban.

Again, please do not be scared, as I said if you would be able to give us a clear picture on what have really happened, it would be much easier to give you a correct answer and not to guess.

[VeronikaK]

Thank guys for advises! Everything sound worse than it seems ( thanks God). I came 5 years ago with my real passport, real visa. Second time it was a Russian passport ( not US citizen) but with diffrent name . Ginger, i dont know what INS try to do exactly, but i am got a picture - he wants me submit i- 601 and then AOS ( do it i am sure i need outside US). Occusation not clear yet - appeal still pending, i am just afraif INS try to tell me one thing, i will leave and they will come up with something else...

[Ginger]

Veronika, let’s think positive: you are in a better place that you could have been.

What do we have:
INS is trying to prove that you have stayed in a country for the last 5 years.
What can we do to clean this mess:
- do you have copy of the ticket that you came back? What about stamp in your foreign passport? Anything?
- Does it mean that they are not sure that you have entered second time under wrong passport?
- When did you submit for the asylum? As I recall you have up to 1 year from the date of entry to submit an asylum case. Under who’s name did you do that ( yours or passport name)?

Now let’s figure out about waiver and AOS. You will have to submit papers for the visa before you can apply for the waiver. In your case it is either K-3 or immigrant visa. So what you can do is start to prepare those papers. You can also start to prepare waiver papers because it sounds that no matter what you will need to fill it out.

If Immigration tell you to leave the country, you will have to obey that. Usually they grant volunteer departure and give 1-2 month to prepare. If you have all papers ready it would save you time.

I do not think that you can start AOS process now since you still have you current case pending.

[Ginger]

As for the INS telling you one thing and doing other, well, I know that very good. In our case no one ever told us that I have to leave the country. As a matter of fact, we asked numerous time do I have to leave and we were told that while our petition is pending in the National Visa Center I can stay and ban would not be on me. If we would have been told the TRUTH, I would not have to go thought the waiver and be separated with my husband for almost a year.
When we pointed this to the INS, the answer was: well, officer was mistaken but it does not matter anyway, you have nothing in writing.

So, my advise, get EVERYTHING from them in writing, do not believe what 1-800 number representative tells you, what officer in the INS tells you. If they wrong = you are wrong and you are the one who has to pay.

[VeronikaK]

Ginger thanks! You should very happy people with your hubby! I submit all papers on my real name and timely. the issie what kind of passport etc never rised, he doesnt want accept AOS because i dont have clear proove od inspection. Never kept return ticket - wasnt going ever back - copy of ticket INS in Vermont should have, i submitted copy for B2 visa , but i dont think they keep all this stuff. So you think in case of loosing mu asylum case( Hope not!) they will grant me voluntary departure, i will have to go back, aply for visa, get denied,sumbit i-601 ( i-202 maybe ) and wait? UUUUF. Getting paranoid alreay... Why did you say you will never have to leave if you knew the truth?

[blueblue]

You can get a copy of the ticket or evidence from the airline that you used the ticket and it was issued in your name. We had to do this once when someone got a traffic ticket in our name but we had proof it wasn't us because by chance we were on an airplane at the time they got the ticket in another state.

Also, please make sure you have a consultation with a qualified attorney BEFORE you decide to do anything. Get a second opinion too. Here are a list of some that have been recommended on this site:

http://www.immigrate2us.net/forum/showthread.php?t=889

[Ginger]

Veronika,

I think that I am even more confused now.
So, what you saying is:
5 years ago, you entered on B2 visa, applied for the alyssum, left the country while the case was pending and then not to jeopardize you case entered on the someone else’s passport? Is that correct?

If INS would not find clear enough proof that you have entered with the inspection, you will be deported ( or granted volunteer departure). I would say in your case would be better if they would not find out that you used someone else’s identity. However, this is a trick, if they would find out later on and you would be telling them a lie ( let’s name everything its own words, OK), then you can be inadmissible to the US for life. So, as everyone told you, the best thing would be to consult a lawyer and be as trustful as possible.

As for my own situation, we had an interview 5 month after my visa expired. I had exactly 8 days before the 6-month deadline. We did know about it and were asking questions about it on the Interview. We were told that nothing to worry, I do not need to leave the US now, only when I will have to go to the actual interview and I would not be subject to the 10 years ban.
If I would have been told that I have to leave, I still had 8 days to get out of country. Poland on that time was processing on site applications, so it would have been literally speaking: fly to Poland, come to the Embassy, have an interview, submit papers for the visa and maximum 2-3 weeks (if not the same day) you have visa to go to the US.

Instead, INS lots my papers for more then a year, we had to get senator involved to find out what is going on and it took an additional 6 month to find them. Then when it came time to go to Poland, I got denied Polish entry visa. The reason was because I am illegal in the US and they were afraid that I would stay in Poland (please, give me a break). We made a big fuss over it, and only after that found out that indeed they were right and INS “forgot” to mention that I should have left more then 1 year before and that I am illegal in the country.

That is why I am telling you if they (INS) telling you anything have it in writing or there is a very big chance that they would mess something up.

[Lulu]

you entered under fake name (hopefully not the US citizen), that is illegal, so you already need 601 wavier and leave the country to strait the mess. Them you came back on you own passport ( and you were not suppose to) – enter the country second time = life ban.

Ginger, that wouldn't be a lifetime ban if she entered with inspection (through POE) both times. Let me clarify - Fraud does carry a lifetime ban, but it is waivable. Coming to the US (regardless of how), being unlawfully present for more than 1 year, then leaving, gives 10-year bar (you know that). If you re-enter legally after that, that is INS mistake, and you would do an in-country waiver. If you try to re-enter without inspection, then you get the same 10-year ban, but can't do a waiver for the 10 years. Any time you come in through a POE that automatically means you came with inspection, even if the passport was fraudulent.

Veronika, from the last thing your wrote, it seems they want you to file the I-601 HERE in the US. That may be a possibility to overcome the fraudulent passport, and would not mean going to Russia. Let us know as you find out more.

[Ginger]

Lulu, I think then I am confused.

If you entered with the inspection but with someone else’s passport = fraud (you lied to the INS). Should not be able to adjust status in the US.

Committed first fraud and then re-enter during the bad = lifetime ban. I am not sure if you remember, it was a case when person had 10 years ban, waiting for the wavier decision and was flying from Canada to Mexico. Airline had stop in the US (change of flights). She was banned for life because she was not supposed to enter the US having 10 years ban.

If you entered on someone else’s papers = lied to the INS = fraud. If it was US citizen’s papers = pretend to be US citizen = lifetime ban. That is why in the Juarez forum lots of people are worried that SSN that they loved one uses would not belong to the US citizen because it would be very difficult to prove that it was not pretending be US citizen.

If you have ban and legally (as you said with the inspection) entered the US does not means that INS made a mistake and you would be forgiven. If they catch it- you will have a life ban. Remember: you cannot sue government; you will be paying for their mistakes. INS= government.

I know plenty of stories when people were not suppose to leave the country, INS was issuing them and advance parole, people were leaving the US, coming back and then were not able to adjust status in the US because INS made a mistake issuing those forms but people should have known better.

Fraud can carry a lifetime ban. IF for example, Veronika tells that she did not leave the US and remain all this time here and INS would be able to prove that she lied and indeed left the country and not only that but also came back pretending to be someone else, that could be a life time ban because she left the country while waiting for the asylum case + reentered with invalid paper + lied to the officer. Fraud after the fraud = life time ban. Again, it is if we know the full story.

Veronika’s story is very not clear because:
If she after applying for the asylum left a country and went to her home country ( I am assuming) her asylum case should have been denied. It is well known that people who applying for the asylum can not go to their motherland till they get citizenship ( since they are trying to prove that there is a danger for them to go back to their native country).
My guess would be that is why she came back on a false papers. Again, we do not have it cut in dry, Veronica should tell us about it.

[VeronikaK]

Sorry if i mess anybody( Ginger :blush:) I know how my story confusing, it took me 2 diffrent attorney get it some how straigh. First i am enterded legally, left on time. Second time entered under fake passport, applyed for asylum timely. Tried to obtain a tickets but airline didnt keep info more than 6 month.i had a not reaaly good attorney first time, he screwed big time on my appeal, now i am paying for it. I am trying understand, if they will occuse me in fraud and i will get volontary departure you think i will be able to apply i-601?

[Ginger]

OK girl, we are getting somewhere now:thumbup:.

So, first time you entered on visa on VeronikaK. Left on time, no problems.
Question, B2 is it a work visa or student? Did you have a requirement to be in your country for 2 years and not come back to the US? ( sorry girl, I know too many questions, but all them are important, trust me on that:cool:).


Second time you entered on a “Ms.Smith” visa :D( let’s call it this name). What kind of visa?

You have stated that you applied on asylum under VeronikaK name. Then I can see 2 sinarios:

1. they will be able to prove that you have entered on a deferent’s person visa, = deportation ( hopefully volunteer one) = waiver 601 and 212. In this case I would say you should show maximum cooperation to (a) leave on time of the volunteer deportation and do not overstay (b) prove that it was not a US citizen passport.
2. They would not be able to figure out how the heck did you come to the US and would try to tell you that you have overstay all this time (since you first visa). Then it is all depends. If you visa have required to go back to the Russia, = 601 waiver for the overstay. If you visa did not require to go back to Russia, well it would be draw of luck and who knows there would be a possibility that you would be able to adjust your status in the US due to the marriage for the US citizen ( I am assuming that your hubby is US citizen) and would be able to file 601 waiver in country.

Those are options I can see right now.
If you would be able to clarify questions :shy:( I know, again), then we can go from there.

[VeronikaK]

God i dont know... ill talk with my lawyer tomorrow and tell what he think