I am so confused!!!!help

[nancyjm]

Is the Pilot program something different as to filing normally ????? due to extreme hardship? will it help him get a visa faster ???

If it is how do i qualify for it i read about it but did not really understand it :confused1::dontgetit:

[Laura]

Nancy - you need to post in the I-601 Mexico area - your case is not marriage-based AOS.

The pilot program is available for those who need I-601 waivers and are filing through the Ciudad Juarez consulate in Mexico. In most cases that means the immigrant spouse entered the U.S. without inspection, lived for some time illegally in the U.S., and is now married to a USC and needs to have a waiver of the unlawful presence.

In every other country and until March in Mexico too, I-601 applicants turned in their waivers and then waited 6 months to a year (or more recently) for a decision. In that time the immigrant spouse has to remain out of the U.S. The pilot program allows people to make a separate Infopass appointment after the initial visa interview, turn in an already prepared waiver and hardship packet, and have it looked at immediately (instead of putting it in a pile and waiting many months). Anyone who will need to file a waiver can do this if they are going through CDJ, so yes, you can "qualify."

If the waiver is found "clearly approvable," they will give the person the visa the same day, so in that sense, it definitely means people get their visas sooner. People who are not "clearly approvable" are put into the backlog pile and told to submit more evidence of extreme hardship. There is really no guarantee that you will be found "clearly approvable," but generally you have a good chance if the immigrant has no criminal history and the hardship packet is well-prepared and well-documented. I2US people have had a 75% approval rate through the Pilot program so far.

Does this make sense?

[nancyjm]

thank you so much for you help
is it possible to move this post

[M&M]

The Pilot Program is just a new program that DHS(Department of Homeland Security that reviews waivers) in CDJ (Ciudad Juarez) implemented early this year. It makes it possible for your waiver to be reviewed on the spot and if you have a "clearly approvable" waiver than it gets approved and you get your visa.

It doesn't change the process though, you still have to take all the same steps to get to the interview in Juarez.

Here's a Basic outline of what you'll probably be doing.

1. File the I-130
2. Wait approximately 3+ months for it to be approved.
3. Approved I-130 gets forwarded to NVC (National Visa Center)
4. NVC sends you forms and fees that you will fill out and pay until your I-130 is completed with the NVC and is ready for an interview in CDJ.
5. You wait approximately 6-10 months to recieve an interview date.
6. You prepare everything you will need for that visa interview.
7. At your visa interview your husband will be denied his visa because he has more than a year of illegal presence in the US.
8. 2-3 days later you will have an Infopass appointment in CDJ, where your husband will submit his I-601 waiver and HSL (Hardship Letter) to waive the 10 year ban that he incurred by his illegal presence.
9. Hopefully this waiver will be approved and he will then get his visa and be able to return to the US. His greencard and SSN will then come in the mail.

If the waiver is not approved, but is sent for further review then...

10. You wait additional months until a final decision is made on your waiver. If it's an approval than your husband will be scheduled a date that he can return to the consulate and pick up his visa. (For this period your husband will have to remain outside of the USA)


That's a very rough outline, but it gives you an idea.

The Pilot Program simply makes it possible for you to possibly get a waiver approval right away. Before everyone always had to wait for the decision on their waiver, which is normally takes 6+ months.

[SHELLYFCO]

Nancy - you need to post in the I-601 Mexico area - your case is not marriage-based AOS.

The pilot program is available for those who need I-601 waivers and are filing through the Ciudad Juarez consulate in Mexico. In most cases that means the immigrant spouse entered the U.S. without inspection, lived for some time illegally in the U.S., and is now married to a USC and needs to have a waiver of the unlawful presence.

In every other country and until March in Mexico too, I-601 applicants turned in their waivers and then waited 6 months to a year (or more recently) for a decision. In that time the immigrant spouse has to remain out of the U.S. The pilot program allows people to make a separate Infopass appointment after the initial visa interview, turn in an already prepared waiver and hardship packet, and have it looked at immediately (instead of putting it in a pile and waiting many months). Anyone who will need to file a waiver can do this if they are going through CDJ, so yes, you can "qualify."

If the waiver is found "clearly approvable," they will give the person the visa the same day, so in that sense, it definitely means people get their visas sooner. People who are not "clearly approvable" are put into the backlog pile and told to submit more evidence of extreme hardship. There is really no guarantee that you will be found "clearly approvable," but generally you have a good chance if the immigrant has no criminal history and the hardship packet is well-prepared and well-documented. I2US people have had a 75% approval rate through the Pilot program so far.

Does this make sense?
I-601's are also required for K-1's when determined that alien is inadmissable. Not sure if they would fall under the Pilot Program...

[kitkat1]

I-601's are also required for K-1's when determined that alien is inadmissable. Not sure if they would fall under the Pilot Program...

Anyone eligible to file a waiver in Ciudad Juarez, spouse or fiance, after March 2007 files through the pilot program. Almost everyone who filed prior to March was royally screwed.

[jose]

thank you for answering the other message guys i have another question though, the steps that u are mentioning here, do i have to be married by the time we file the i-130? or just engaged? which one do you think we should go for??

[SHELLYFCO]

thank you for answering the other message guys i have another question though, the steps that u are mentioning here, do i have to be married by the time we file the i-130? or just engaged? which one do you think we should go for??

Yes, you must be married to file an I-130. An I-130 is:

For citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States. A separate form must be filed for each eligible relative. Please note: USCIS processes Form I-130, Petition for Alien Relative, as a visa number becomes available. Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident.

[djones9714]

I-130 is marriage based. If you don't plan on getting married first, you will have to file for an K-1 visa and I believe you will have 90 days to get married after entering the U.S.