Thread for In-Country Waiver Filers, Information

[Pinkpig]

Well, we just got the great news of an in-country waiver approval. There is very little information on the site for members filing in-country. One of the reasons may be that it seems to take such a long time to get an in-country waiver adjudicated.

So at the suggestion of members I am starting this thread as a place for all in-country members to share information as it seems it is sorely needed. I hope that we just get an a plethera of information they members can use.

I will post all the members I have on the Excel I-601 spreadsheet for in-country waiver filers. I am sorry it is not more complete. I think if/when in-country filers get their approval/denial they don't come back and post too often. Who can blame them, their struggle with immigration is just as stressful as those of us who have to leave the country....

If anyone has any information (new or updates) please let me know. I would so love to mark some of these waivers approved.



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

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

Dylski71 U.S. Chicago/Canada Denied 1-Sep-05 1-Sep-07 drugs S-K3

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



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 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 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 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

ajbillyard 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

Spaho U.S. Wisconsin Approved 1-Sep-07 S-I

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

jraf766 U.S. Pending

Lukina2003 U.S. Denied

afriend U.S. California Den'd/Approved 18-Jul-03 8-Nov-07 F/M S-I Laurel Scott appeal pending August 03

[Melissa_31375]

How does one get an in country waiver approved? And how do u qualify fior this?

[ukgirl27]

How does one get an in country waiver approved? And how do u qualify fior this?

You asked the golden question:) We are all waiting patiently!!

[klaudialaw]

As far as I know, you can file an in country waiver is your husband entered the US inspected but fraudlently. To give you some examples, with a diff birthdate but his own name, with a different last name, with diff both first and last name, or came in the US in a student visa to attend college and never attended. These are some examples that were coming to my mind.

[sillygiggle]

in San Francisco-we were able to do so because my husband entered through a port of entry with inspection, but overstayed-once he was here he had never left the country, which is key in filing an in country waiver. We had to file the 601 because he had CIMT on his record. Otherwise, he would have just been able to adjust status through me without filing a 601.
It is my understanding, through what some other people I know have been through-is that if you enter WITH inspection and simply overstay, you can file to adjust your status through your spouse with out having to eave-this is true if you have to file a waiver, too, I believe.
We were shocked that our waiver didnt take a long time. We filed both the 601 and 212H-because my husband's CIMT were OVER 15 years ago we qualified for the 212H, but we also filed the 601 at our lawyer's insistence (he wasnt very familiar with the 212H).
We had to file twice, actually-during our first interview, the 1-30 was approved, but the 1485 to adjust status was denied because our lawyer messed up and we didnt have the proper court documents. So, we had to start ALL OVER again, and this time, with the proper paperwork, we refiled with the waivers. Once we turned in the waivers-it was in December of 2006-we received the approval in February of 2007. So it was only 2 months. I do not know if it was because of the 601 or the 212H. I am just so very thankful that the 2 years we dealt with this is over! Good luck to anyone, and if I can answer any other in country questions, I will try.

[klaudialaw]

To silligiggle; When you had your interview did you filed the waiver or just after the interview? And if you filed the waiver after who adjudicated that waiver, the officer that interviewed you or DHS? I am also going for an in country waiver. I would really appreciate your answers. Thanks.

[ukgirl27]

we filed because i had overstayed a tourist visa, left for 10 weeks then came back and got back in and overstayed again then got married! Never changed anything on my passport, never used a fake anything but overstayed but go admitted by an immigration officer everytime.

At our interview they never even knew this i actually volunteered this info because they asked if i had ever been here before in the past 10 years, that is what screwed us. I was completely honest because i figured i would get into more trouble so they approved our I-130 and asked us to file an I-601 and gave us 89 days to do it!

[sillygiggle]

We didnt file at our interview-we waited until we got the denial letter (which was sent within 30 days of the interview) They give us 90 days to turn in the waiver. Our lawyer walked down to the immigration office where we had our interview and turned it in for us.
I don't know if it was the officer who did our interview or his supervisor who adjudicated it. But it was done in the SF office. I had heard from our lawyer that the denial rate in SF was very high in the last few years, but that it had been changing recently.

[klaudialaw]

thanks for your info

[afriend]

You are required to file i-601 if you are inadmissible.

There are different types of inadmissibility :

(1) Fraud
1.1 Passport/Visa Fraud
1.2 Marriage Fraud
1.3 Intent of entry like Student visa but did not go to school or Visitor's visa but get married, etc

(2) CIMT

They take the offense in different degrees, one is heavier than the other.
They weigh the severity, occurences and how long ago.


Here's a copy and paste from a site

If your alien spouse entered with some type of visa or under the Visa Waiver Program or with a Border Crosser card or as a Canadian, then your spouse may be eligible to adjust status, even if they have overstayed their stay or even if they have worked illegally. If, however, your alien spouse entered illegally, then he cannot adjust status (unless he qualifies for an exception, the most common of which is having an application pending before April 30, 2001). However, you can still apply for him to receive their residency, but he must leave the country and make final application at a consulate abroad. If he has been “out of status” for more than one year, then he will need to have an approved hardship waiver to return. This waiver is the I-601 waiver. The I-601 waiver covers a multitude of inadmissibility issues, including the ban which is a result of the overstay

[ukgirl27]

has anyone heard any news on their status? Where are my in-country people?

[klaudialaw]

Not yet. I am still waiting a decision on my in-country package. However, I just recived my husband's EAD.

[klaudialaw]

to UKgirl27
Why did you have to file a waiver in Chicago? Isnt the waiver supposed to be filed at the local office where you had the interview?
Please let me know

[ukgirl27]

i had my interview in Chicago and the immigration officer told me to send it specifically to him so i did!

How long ago did you file yours? Where did you file?

[klaudialaw]

We filed the whole package in July 25, 2007. Received receipt notices for July 27. Then on october I sent RFE(I was missing some docs) and they received my RFE on the 20th of October.

[ukgirl27]

can you check your status online? We can't even do that because we have no receipt number, Chicago doesn't give them out!!

Also, where did you file?

[klaudialaw]

We sent all the forms to Chicago Lock Box. I reside in NY. My forms got transferred to the National Benefit Center in Missouri. I am able to check the status of my I-485 and I-765 only. I have all my receipt numbers.

[ukgirl27]

What is with the chicago office not giving out I-601 receipt numbers? Where are you from originally? I am from England.

[workboresme]

I came over on a visa waiver, overstayed, got married, went back to the UK for 2 months after my grandad and stepdad died, came back and filed for adjustment of status with my husband.
Our I-485 and I-I30 were never denied, but obviously not approved either. 3 days later, we received a letter which was basically an RFE asking for a waiver.
Receipt notice on the waiver is 11/15/06. On September 1st, I went to the Santa Ana service center requesting an update, and was told my case was with the officer who interviewed me and I *should* hear something within 90 days.
It's almost 90 days, and I'm still (im)patiently waiting :)

[Chikimyrn]

I hope you hear somthing soon.

[chocolat]

I'm waiting too!
From what I understand, you cannot check on the status of in country waivers online.

[ukgirl27]

I came over on a visa waiver, overstayed, got married, went back to the UK for 2 months after my grandad and stepdad died, came back and filed for adjustment of status with my husband.
Our I-485 and I-I30 were never denied, but obviously not approved either. 3 days later, we received a letter which was basically an RFE asking for a waiver.
Receipt notice on the waiver is 11/15/06. On September 1st, I went to the Santa Ana service center requesting an update, and was told my case was with the officer who interviewed me and I *should* hear something within 90 days.
It's almost 90 days, and I'm still (im)patiently waiting :)

hi sue, how are you doing? i can't believe you still haven't heard anything. My old lawyer told me it could take around 3 years for an in-country waiver to be approved and no news is good news but it is just so bloody frustrating!

[ukgirl27]

I was also wondering what are the normal timelines for in-country I-601's? Does anyone even know? You can look at most timelines on the uscis webiste but none of them say I-601 for in country. At what point do you make an appointment or do you just sit and wait for years? Some lawyers have told me not to bug them as they will just deny you, the longer you are here the stronger your case will be!

[workboresme]

Hi UKGirl,

I've been told anywhere between 6 months - 5 years for an in-country I-601. I dont' believe what I was told at the service center here, but it is promising that it's with the guy that interviewed me.

The one thing that has dumbfounded a few lawyers I've spoken with is that I was never denied. I was just asked to provide an I-601.
Anyone know if that's not normal like lawyers are making out?

[klaudialaw]

hey, I dont know where you got the information about the in-country waivers taking 3-5 years. Once the officer who interviews you rejects your waiver you can appeal it and the appeal process takes about 18 months. But this is only if you appeal.

[klaudialaw]

To workboresme: How come you did not sent the waiver to the guy who interviewed you since from what I know DHS has nothing to do with the adjudication of a waiver. Its the adjudicator at the interview who does that. In my case we sent all the adjustment of status papers together with the waiver. So everything is being processed together. I knew ahead of time that I had to file the waiver together with all the other papers. So far, (we filed on July 25, 2007) my hus has received his EAD. What about your situation? Have you at least received an EAD?

[ukgirl27]

hey, I dont know where you got the information about the in-country waivers taking 3-5 years. Once the officer who interviews you rejects your waiver you can appeal it and the appeal process takes about 18 months. But this is only if you appeal.

yes, but how long does it take them to approve of deny it? this is the case with workboresme and i! We had our interview, then they asked us to file our I-601 so we are now waiting....we have both been told that it could take up to 5 years to even get an approval or denial!

[ukgirl27]

To workboresme: How come you did not sent the waiver to the guy who interviewed you since from what I know DHS has nothing to do with the adjudication of a waiver. Its the adjudicator at the interview who does that. In my case we sent all the adjustment of status papers together with the waiver. So everything is being processed together. I knew ahead of time that I had to file the waiver together with all the other papers. So far, (we filed on July 25, 2007) my hus has received his EAD. What about your situation? Have you at least received an EAD?


the reason why i didn't file the I-601 and i think i can speak for workboresme on this one is that we were hoping we wouldn't have to file one. When i went for my interview it was a 50/50 shot whether i would be asked for the waiver as it is the officers decision...sometimes they overlook things and i was hoping they would overlook my case, i also thought that because i was a UK citizen it might help my situation, my lawyer also thought so too.

You also can't file an I-601 without being asked to do so, what would be the point of doing it all if you never needed it?

[ukgirl27]

hey, I dont know where you got the information about the in-country waivers taking 3-5 years. Once the officer who interviews you rejects your waiver you can appeal it and the appeal process takes about 18 months. But this is only if you appeal.

also, a lot of people say that you shouldn't appeal because it takes longer than just re-filing it altogether.

[ukgirl27]

Hi UKGirl,

I've been told anywhere between 6 months - 5 years for an in-country I-601. I dont' believe what I was told at the service center here, but it is promising that it's with the guy that interviewed me.

The one thing that has dumbfounded a few lawyers I've spoken with is that I was never denied. I was just asked to provide an I-601.
Anyone know if that's not normal like lawyers are making out?

I was never denied either, they just asked me to supply the I-601 within 89 days, but our I-130 was approved and i got my EAD 1 week after my interview!

[chocolat]

To workboresme and ukgirl27: We are on the same boat. I was asked for one at the interview too after he said he was approving the other forms. The guy "found" something that he made a judgement to be wrong and here we are waiting for a decision.
I did some research and I noticed that some in country waivers took 2 months to get a response and some took over a year.

[afriend]

has anyone heard any news on their status? Where are my in-country people?

You cannot check the status online if you filed in person in the district office.
If it's tking longer based on their timeline youcan schedule an infopass appt but the best bet is to approach your senator and they are pretty helpful since they can get the information timely with their liason.

[afriend]

I was also wondering what are the normal timelines for in-country I-601's? Does anyone even know? You can look at most timelines on the uscis webiste but none of them say I-601 for in country. At what point do you make an appointment or do you just sit and wait for years? Some lawyers have told me not to bug them as they will just deny you, the longer you are here the stronger your case will be!


If you think that it is taking outside their timeline, you should ask for your senator's assistance. My file was sitting for 2 1/2 years after I received a notice that it was remanded back. I waited for 2 1/2 years and finally made up my mind, my old lawyer who was telling me not to bug them, and here I am waiting for a case that will never be reopened if I keep listening to my old lawyer. I hired Laurel Scott and she is very good and even advise me to seek senator's assistance. It still took 8 months for the approval. We send an amendment, my case was reopened and they review everyting (I guess) and then approved.

[afriend]

I came over on a visa waiver, overstayed, got married, went back to the UK for 2 months after my grandad and stepdad died, came back and filed for adjustment of status with my husband.
Our I-485 and I-I30 were never denied, but obviously not approved either. 3 days later, we received a letter which was basically an RFE asking for a waiver.
Receipt notice on the waiver is 11/15/06. On September 1st, I went to the Santa Ana service center requesting an update, and was told my case was with the officer who interviewed me and I *should* hear something within 90 days.
It's almost 90 days, and I'm still (im)patiently waiting :)

RFE is good thing, it may mean that you have grounds for approval (praying).
Your case is still pending as long as your AOS is not closed.

[workboresme]

afriend - the best argument for hardship we could come up with was my husband's business - he runs his own company.

The reason I never filed the I-601 at my interview was because my dumbass lawyer told me everything would be ok. He has, of course, since been fired! I don't mind waiting, I'm still here with my hubby and my friends. The only thing that really sucks is that my mum was diagnosed with terminal lung cancer in June - less than a year to live. I can't go home, but my family understand and accept that.

[ukgirl27]

If you think that it is taking outside their timeline, you should ask for your senator's assistance. My file was sitting for 2 1/2 years after I received a notice that it was remanded back. I waited for 2 1/2 years and finally made up my mind, my old lawyer who was telling me not to bug them, and here I am waiting for a case that will never be reopened if I keep listening to my old lawyer. I hired Laurel Scott and she is very good and even advise me to seek senator's assistance. It still took 8 months for the approval. We send an amendment, my case was reopened and they review everyting (I guess) and then approved.

this is the thing, there is no timeline posted for an I-601 on the website for the Chicago office so i don't know what the standard timeline is?

[afriend]

this is the thing, there is no timeline posted for an I-601 on the website for the Chicago office so i don't know what the standard timeline is?

New correspondence submitted usually given 30 days. In SF takes about 6-8 months like the AOS. If there's any immediate urgency such as expedite you can contact your senator's office, they can inquire it in your behalf. I waited 2 1/2 years before made the move. I waited long enough, I would say 1 year is long.

[ukgirl27]

I just got my EAD extension and i applied for it on October 2nd so it only took 8 weeks, not so bad considering it says 11 weeks on the website:)

[wvnurse]

Hi all,
Just an update. We got a letter a few months ago requesting more information for our waiver. We sent what they wanted, our lawyer felt that they were close to ruling in our favor, because the interviewer we had ( who HATED us ) got sick and retired. We have yet to hear anything...we filed a year ago in November. So, no news is good news.

~Chris

[Pinkpig]

Hi all,
Just an update. We got a letter a few months ago requesting more information for our waiver. We sent what they wanted, our lawyer felt that they were close to ruling in our favor, because the interviewer we had ( who HATED us ) got sick and retired. We have yet to hear anything...we filed a year ago in November. So, no news is good news.

~Chris

Keeping my fingers crossed that your approval comes very soon!!

[waiverapproved]

Member
***

Group: Members
Joined: 27-August 06

Filed for: AOS (pending)
Vermont Service Center
Local Office: 26 federal plaza
Country: Jam




Hi everyone, my lawyer told me that he filed my waiver back in june of 06 at 26 Federal Plaza. We have not heard anything back so far as to if they got it or what. Is this normal, i guessing that nothing is normal with uscis. Is there anyone in the same situation? What must I do next to find out whats going on with my waiver. The sad part is that I actually wrote the waiver and handed it to my no good lawyer, so i'm not sure what he mailed in....I need HELP.

[klaudialaw]

I sent you a private message

[yanella33]

My husband was able to apply in country as well. He's from Pakistan, here on a student visa, we got married and he applied for 485, it was denied because of a conviction and we're filing 601 now. Looking for any help anybody has for getting a 601 approved, to prove hardship on me if I'd have to move to Pakistan. We have quite a bit just seeing if anybody has anything more recent since Bhutto died. Thanks

[waiverapproved]

Thank you for getting back to me klaudialaw, my waiver was about two shoplifting misdemeaners back in 96. To make a long story short i filed my waiver back in 06, how long did you wait to get that interview...and i would love any information that you can give me after your interview. I HOPE that all goes well for YOU.:thumbup: