I-601 at the administrative appeals office?

[workboresme]

I called my "lawyer" today who has (badly) handled my case from the beginning - it's been 9 months already since the waiver was received and so I asked him what we can do to find out where it's at.

When hubby called USCIS misinformation line a couple months ago, they said it was at the CSC, but the lawyer today told me it was 'probably' at the AAO in Washington, DC.
I told him my case wasn't in administration, and I certainly haven't had a notification to that effect.
He said it's probably there, and that it's going to be another 18 months before I see a decision.

I told him about this site and what I've read etc, and he said I shouldn't trust an internet messageboard.

I'm going to make an appointment with CSC to go down there and find out what's going on, but in the meantime - can anyone verify this?
My I-485 was never denied, it's still pending, but I was asked to file the waiver. Is this normal?

I just don't want to wait another 18 months - my mom is dying of lung cancer in the UK, she has about 6 months if she's lucky and I would hate to not be there for the funeral(I've already planned it, FFS!)

[ukgirl27]

i don't have any advice for you Sue but wanted to give you a :hug: as i know this must be a devastating time for you right now, sorry:(

[pen1137]

so sorry to hear about your mom! definitely do an infopass and get a senator involved as well. what your lawyer is saying sounds a little fishy...good luck to you and your family!!

[Lulu]

The only reason your case would be at the AAO is if your waiver was denied and your attorney filed an appeal. And those appeals do typically take 18 months. Your attorney seems to really think its there (or, he knows its there), especially since he even knows the time-frame for decision. Was your waiver denied and he appealed, and "happened" to forget to mention it? Let me tell you, that is extremely suspicious. I would make every possible inquiry, and make some noise at the attorney's office.

[Ginger]

There are some instances when you can have in country 601 waivers. In this case you case will be considered pending.
If it was denied, then you might file an appeal and it would go to the Washington. I think in some cases you may go in front of the judge and plead your case ( if you lost- they most likely deport you right from the hearing).

I think that you need to look in your papers- if you did singe an appeal papers that means that your waiver was denied.

In any case, I would suggest you to get doctor’s notes that your mom is dying and get your hubby’s congressman or senator evolved and see may be they can do something to expedite your case.

Also, remember that while in the appeal you can send more papers to make your case stronger. If you are saying that you have a crappy lawyer ( I think that they all are because non of them would take your case as serious as you are and most of the time they have 10 more cases like yours and would not loose their sleep over it), you might want to do extra “leg work” to cover his/hers mistakes.

Good luck.

[workboresme]

These are the facts:

I was not denied - my I-485 and the I-130 are still pending
My lawyer is a twunt
My lawer is actually a complete prick and doesn't 'appear' to know half of what he's talking about based on what I've read/researched/learned.
My I-601 is in-country.
I am not in appeal/administration.

Ginger - the doctors note regarding my mom doesn't mean anything - she's in the UK, hence the stress. I can't go home without abandoning my petitions.

Lulu - I would know if my waiver was denied - I would have had a letter, and the online case status would say something. Everything is "pending".

[blueblue]

You should have gotten a letter if your waiver was denied, but it is possible the attorney only received a copy. Why he would file an appeal without your knowledge though is a big stretch and, if true, certainly a serious problem. More likely it is a communication problem somewhere.

Depending on the online case status as completely reliable is not a good idea. My K1 was returned to CSC in 2003, expired in 2003, was made moot by the approval of our I-130 in 2004 still says it is pending and they will tell me when they make a decision.

You can know for sure if there is an appeal pending by calling the AAO at 202-272-1212, give them your A# to see if there is anything in their system.

I would try to contact your Senator and/or Congressman and ask their help in an expedite of the waiver and AOS based on your mother's illness. The worst they will not do anything, but it is worth a try.

I am sorry to hear about your mom.

[ukgirl27]

did you find anything out from your congress person or with CIS?

[lyro07]

I'm sorry to hear about your mom and also about your case.
As for this site, this is a good site for immigration concerns. I've learned a lot regarding my case and any immigration concerns. There are knowledge people on this site and I thankful for them.
As for the attorneys, I would trust Laurel or Heather, they seem to know their job.
My husband(USC) had an initial consultation before, the lawyer said that I shouldn't need 601 that's just for criminal (ooopps, sure that was wrong). I was told to file 601 by the embassy.
IF not for this site, we would be clueless...Just can't say enough how thankful we are, people here are very nice and helpful.

Good Luck and hope you can get some info soon.

[lilikoi31]

Hello, I hope sombody can help me. I have to file in Frankfurt for the I-212 and I-601 , does somebody can tell me where I can find examples for the extreme hartship letters. And who else has experience with frankfurt, like timeline, do I have to bring the 601 and 212 with me or do I have to send them later, do I have to pay for both and where. Thanks in advance for your help.