in country waiver

[czech]

does anybody have experience with filing an in country I-601 due to misrepresentation/fraud. individual was inspected at port of entry. any help regarding this would be great. thanks.

[sillygiggle]

Hi- I think there are quite a few on this site that have filed an in-country waiver-we filed ours in SF, my husband came in through a port of entry and overstayed his visa. We had to file the I601/212H for a CIMT, not for fraud, though. If you do some checking around, I think there is a link to a spreadsheet stating where people filed their waiver and why

[Pinkpig]

http://www.humanrightsattorney.com/sub/index.jsp;jsessionid=CECABBC3AB30B5CDE0A0ED9733A25 8CE?contentid=Z4RZmj62Bje6E0mtMENZUCkL

Possible Ways to Sponsor Your Spouse

FYI: I was not aware of this

What do I do if my spouse is currently inside the U.S.?

How long does it take my spouse to receive a green card once the case is filed?

The other main benefit of the AOS process, at least in California and some other areas of the U.S., is that the green card process can be completed and the green card obtained in as little as 7 months after filing (based on current processing times), if an attorney makes an in-person certified filing.

What's the actual process involved in filing this type of case?

The process is different, whether you hire an attorney, a non-attorney, or try to file the case yourself.

What is an in-person Attorney certified filing? In most CIS district offices, where most AOS (green card process) cases are filed, individuals not represented by an attorney only have the option to file the AOS case through the mail. This causes the case to have to be routed through the CIS mail room and directed to the right office within the district office, delaying attainment of the employment authorization card by at least 1 ? 2 months.

Further, individuals representated by consultants, notarios, or filing by themselves, do not find out until an average of 1 ½ - 2 months after filing if the filing is incomplete or improperly filed, causing the individual to have to provide additional documentation or re-file the case, which is not always possible since sometimes important amnesty deadlines are missed by filing the wrong or incomplete paperwork the first time around.

Attorneys, on the other hand, can make in-person filings of AOS (green card) cases directly at the district office, cutting down time on the issuance of the work card. Further the client has the additional security that the attorney will be able to certify the case for fast tracking to the green card interview stage. What this means is that the attorney signs a certification form that goes with each filing, telling CIS that the file has everything needed to decide the case and that the case can be added to the interview schedule asap and doesn't need to be reviewed in-depth by a CIS officer, saving the client and CIS processing time. Only attorneys sign off on these certification forms.

[Pinkpig]

Hi- I think there are quite a few on this site that have filed an in-country waiver-we filed ours in SF, my husband came in through a port of entry and overstayed his visa. We had to file the I601/212H for a CIMT, not for fraud, though. If you do some checking around, I think there is a link to a spreadsheet stating where people filed their waiver and why

Here is a list from the I-601 spreadsheet of all waivers filed by I2US members in country:

screen name - location - status - date filed - date decided - Y = 212 - reason -

S=spouse
f=fiance
F/M = fraud/misrepresentation
CIMT = crimes of moral torpitude
I=immigrant
over=overstay

macboyd1 U.S. ? Approved 1-May-06 3-Jul-06 Health S

Observer U.S. ? Pending 15-Aug-06

Langa U.S. ? Pending 15-Sep-06 Health

ariammer68 U.S. California Denied 25-Jul-06 20-Aug-06 F/M S

workboresme U.S. California Pending 26-Oct-06 Over S-I Law

MrsBouzid U.S. California Approved ? 14-Oct-04 Over, CIMT S-I Law, Own

afriend U.S. California Den'd/Filed Appl ? 18-Jul-03 F/M S-I

UKgirl27 U.S. Chicago Pending 28-Dec-06 Over

pen1137 U.S. Cincinnati Pending 1-Jan-99 CIMT S-I Law, Own

Gaby U.S. Dallas, Texas Approved 27-Oct-05 10-Mar-06 F/M S-I I2U

needhelpfast U.S. Detroit Y S Law

ykelly1 U.S. Florida Approved 1-Aug-06 3-Mar-07 Over

Aidita U.S. Garden City, NY Approved Y 1-Nov-04 1-Sep-05 F/M S-I Own

just123 U.S. Garden City, NY NYF Over S-I

prgirl U.S. Garden City, NY(Tunisia) Approved 14-Dec-05 16-Mar-06 Over S-I I2U

Perrito1 U.S. Illinois Pending 17-Sep-06 Over S-I Law

Mande U.S. Miami Approved 22-Mar-06 7-Aug-06
Wynnie U.S. Nevada NYF Over,F/M S-I

Ahmed U.S. New York Den'd/Filed Appl 1-Jun-02 1-Jan-05 F/M S-I Law

oscar06 U.S. New York Denied 4-Aug-06 23-Aug-06 CIMT

just123 U.S. New York Approved 16-Apr-07 Over S-I

dave3333 U.S. Norfolk, Virginia NYF F/M S-I I2U

Nikole U.S. Ohio Denied Y 9-Jun-05 31-Aug-05 Over S-I Law

somotayo U.S. Orlando, Florida Approved 1-Aug-05 1-Nov-05 F/M S-I I2U

AJ U.S. Phoenix, Arizona Denied ? 25-Apr-05 S-I

Wvnurse U.S. Pittsburgh (Kenya) Pending 13-Nov-06 Over,F/M S

sad&hopeful U.S. Sacramento, CA Approved 11-Oct-05 8-Dec-05 F/M S-I Law

silygiggle U.S. San Francisco Approved Y 1-Dec-06 1-Feb-07 Over, CIMT S-I

Trotski99 U.S. Virginia Approved 23-May-06 1-Sep-06 Over, F/M S-I I2U

visu101 U.S. Virginia Pending 15-Nov-06
rachra U.S. Washington, D.C. Approved 15-Dec-05 20-Aug-06 Health S-I

kkalan U.S. Dallas, Texas Pending 11-Jan-07 F/M S-I

[wvnurse]

Hi All,
I have been hanging around reading the new site for a while. My husband and I are filing in country too. He is from Kenya, entered with inspection but overstayed his visa. We met and married about 3 years later. We filed for his AOS, EAD and I130. We had our interview in Pittsburgh last September. WOW.. what a nightmare that was! The immigration officer took a look at us and we were done. I am white, my husband is black, and I am older by 15 years. The officer only said to me in my interview with him.."are you aware that there is a significant age difference?" :thumbup:.... I guess he thought I had not picked that up after 4 years..lol. Anyway, the officer gave my husband a very hard time and was rude to me as well. We did the best we could to keep cool. He however told us he "could not approve us at this time" but would send a letter of more information he wanted. We got a letter about a week later, telling us all the additional imformation he wanted. That is when we decided to get an immigration lawyer. We found Valerie May from Pittsburgh, Pa. who has been just wonderful. We filed a I601 waiver, as my husband comitted fraud, and misrepresented himself to get a visa to come to this country. We filed that waiver in November 2006. We are still waiting. Some hopeful news has happened. We found out that our file was lost, when the officier that interviewed us retired. My lawyer was on it and hand delived another copy of everything to the Immigration office, there in Pittsburgh. There are asking for a few more documents and my lawyer feels that they are close to approving us. Keep us in prayer, as Wr will be praying for all of you who are going through what we are.
~Chris

[Pinkpig]

WVNurse,

Thanks for posting that good news update about your case. I have been wondering how it was moving along. Good luck with the next steps.

[Aussie-Amero]

Hey Czech....I remember reading
http://immigrate2us.net/forum/showthread.php?t=378 yesterday about Shrek's situation...not sure if thiws link will help but you can try. Think Shrek is trying to deal with something perhaps only a little similar....but check it out.

Cheers
Pete