Chicago, in country waiver!

[ukgirl27]

Just wanted to say that i love the new forum:)

Also, does Laurel ever comment on in-country waivers, especially in Chicago?

[pen1137]

i do recall she doesn't do too many of these...we will hire her from across the country if need be, tho! we're in ohio-i hope you guys have better results from the midwest with USCIS than we have so far.:(

[ukgirl27]

i do recall she doesn't do too many of these...we will hire her from across the country if need be, tho! we're in ohio-i hope you guys have better results from the midwest with USCIS than we have so far.:(

thanks, but from what i hear the approval rate in Chicago from I-601 is less than 10%:(

good luck

[needhelpfast]

Hello Pen and UKgirl, I found "in country" friends!! I actually just asked a question/ started a thread about this very subject, without seeing your posting. Sorry. I am actually going through the same process not too far from each of you, in Detroit, and truthfully I feel a bit in the dark about this process in the USA. I have been searching for resources day and night and most of the info pertains to consular filings, overseas! The info that i have gathered has been helpful, but not specific to our situation in the US, I'm sure you can both relate! Have either of you found any resources that could benefit others in our predicament? I'd love to chat, if anything just for support in going through this process HERE. Talk to you soon! NHF:erm:

thanks, but from what i hear the approval rate in Chicago from I-601 is less than 10%:(

good luck

Wow, that's discouraging, where did you hear that? I am curious about the approval ratings here in the states, can you point me to your source?

I am filing in Detroit, and I don't have a clue about the approval rating here, just what my attorney has shared, basically depends upon the merits of each case. Just curious, if you could elaborate, it would be most appreciated!!
NHF:erm:

i do recall she doesn't do too many of these...we will hire her from across the country if need be, tho! we're in ohio-i hope you guys have better results from the midwest with USCIS than we have so far.:(

Pen, would you mind sharing your experience in the midwest so far?

[ukgirl27]

I spoke to 3 top immigration attorneys in Chicago and 2 of them wouldn't take our case because we have no "major hardships" ie, no children, no medical hardships and the fact that i am from England doesn't help because my home country is not that bad to live in (even though i don't think that.)

The other attorney would take it but would charge us $5000 and we still had to basically do all the work with no guarantee, he even said that he would try but if we got denied it would be more money! He said that he had had 2 approvals last year in chicago.

We don't even have a receipt number from the I-601 waiver being received because Chicago doesn't really issue them. I just know that i have a copy of the FED EX letter with a signature to know that somebody signed for it in the Chicago office!

I am about to apply for an extension on my work authorization as it ends in October.

You are right though, there isn't alot of information about in-country waivers anywhere. I just got told that it takes longer than a regular I-601 which is out of country and that every day you are in country it makes your case stronger (whatever that means:)

good luck with your case, when do you have to file? Also, we never had a lawyer for the I-601 because we found this website and it had some great people with great advice. Just make sure that your lawyers charges are worth it or could you do it on your own?

good luck and feel free to PM me whenever you want!


Hello Pen and UKgirl, I found "in country" friends!! I actually just asked a question/ started a thread about this very subject, without seeing your posting. Sorry. I am actually going through the same process not too far from each of you, in Detroit, and truthfully I feel a bit in the dark about this process in the USA. I have been searching for resources day and night and most of the info pertains to consular filings, overseas! The info that i have gathered has been helpful, but not specific to our situation in the US, I'm sure you can both relate! Have either of you found any resources that could benefit others in our predicament? I'd love to chat, if anything just for support in going through this process HERE. Talk to you soon! NHF:erm:



Wow, that's discouraging, where did you hear that? I am curious about the approval ratings here in the states, can you point me to your source?

I am filing in Detroit, and I don't have a clue about the approval rating here, just what my attorney has shared, basically depends upon the merits of each case. Just curious, if you could elaborate, it would be most appreciated!!
NHF:erm:



Pen, would you mind sharing your experience in the midwest so far?

[kkalan]

I think I have post this before but anyway I am also waiting for in country waiver to get approved we filed back in 2004 dor 485.130 and 601 INS lost my paper work and we resent it in 2006 finally jan 2007 we had an interview it went very well. INS adjudicator also me I have good chance to get approval since Im married to USC wife and expecting our first kid and also have another usc kid from differant women. last month we made a inquiry regarding our case and finallt couple weeks ago we got response waiting for my name check and everything is ok. I dont know what is mean do you guys know how long that takes? I am in dallastexas.

[needhelpfast]

I think I have post this before but anyway I am also waiting for in country waiver to get approved we filed back in 2004 dor 485.130 and 601 INS lost my paper work and we resent it in 2006 finally jan 2007 we had an interview it went very well. INS adjudicator also me I have good chance to get approval since Im married to USC wife and expecting our first kid and also have another usc kid from differant women. last month we made a inquiry regarding our case and finallt couple weeks ago we got response waiting for my name check and everything is ok. I dont know what is mean do you guys know how long that takes? I am in dallastexas.


Hi Kkalan,
Welcome to our thread/support group. lol THEY LOST YOUR PAPERWORK?!! Yikes!
You had an interview in 2007 for the I-601?
Can you explain what happened at the interview?
Thanks, NHF:)

[Pinkpig]

I just wanted to share with you the list of those on I2US who have filed in-country waivers and their status. The entire list is posted here: http://immigrate2us.net/forum/showthread.php?t=61 and will be updated as needed. I hope you find the information helpful.

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


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

Observer U.S. Pending 15-Aug-06

Langa U.S. Pending 15-Sep-06

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

workboresme U.S. California Pending 26-Oct-06

MrsBouzid U.S. California Approved ? 14-Oct-04

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

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

pen1137 U.S. Cincinnati Pending 1-Jan-99

Gaby U.S. Dallas, Texas Approved 27-Oct-05 10-Mar-06

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

Aidita U.S. Garden City, NY Approved Y 1-Nov-04 1-Sep-05

just123 U.S. Garden City, NY NYF

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

Perrito1 U.S. Illinois Pending 17-Sep-06

Mande U.S. Miami Approved 22-Mar-06 7-Aug-06

Wynnie U.S. Nevada NYF

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

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

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

dave3333 U.S. Norfolk, Virginia NYF

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

somotayo U.S. Orlando, Florida Approved 1-Aug-05 1-Nov-05

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

Wvnurse U.S. Pittsburgh (Kenya) Pending 13-Nov-06

sad&hopeful U.S. Sacramento, CA Approved 11-Oct-05 8-Dec-05

silygiggle U.S. San Francisco Approved Y 1-Dec-06 1-Feb-07

Trotski99 U.S. Virginia Approved 23-May-06 1-Sep-06

visu101 U.S. Virginia Pending 15-Nov-06

rachra U.S. Washington, D.C. Approved 15-Dec-05 20-Aug-06

kkalan U.S. Dallas, Texas Pending 11-Jan-07

[needhelpfast]

Pinkpig,
YOU"RE A DOLL!!
Thank you!!!!
Very helpful!!!
NHF

[needhelpfast]

Darn, I don't have excel, so I can't read the post.:shy:

[Pinkpig]

You are so welcome. Glad that I could help. :)

[kkalan]

Hi Kkalan,
Welcome to our thread/support group. lol THEY LOST YOUR PAPERWORK?!! Yikes!
You had an interview in 2007 for the I-601?
Can you explain what happened at the interview?
Thanks, NHF:)

Well here is my story I was charge and convicted for obtaining a fradulant docc EAD back in 2003 later I was put in deportation preceeding front of judge in 2003. Judge continue my case till I130 gt adjudicated he waited almost two years believe it or not which is very highly unusual for Judge sims continue my case for that long. After two years INS find out they dont have my package so they looked very bad front of judge so INS my attorney made a deal with judge to drop the preceeding and let INs adjudicate my case so Judhe termenate my preceeding and im at service center. After 6months wait we got interview at jan11th it went pretty well adjudicatot did not asked many question he asked my name country and birth date ask for passport which i did not had it that time ask my wife how long does she knows me he also asked me if i have committ any crimes other then above mention. I told him not then he gave us new form ask for submitt more recent I601 and pics and my son birth certificate and thats it when we are leaving I asked any chances for forgivness he said you have good chance for forgiveness. Later he called my attorney and asked me to re do my medical and i have done that also now it has been 3 months no news other then we made a inquiry. Thats my story does it look like any hope to you guys??/

[needhelpfast]

It sounds hopeful that the judge agreed and now UNCIS is asking for the biometrics again....

What do you think? Do you have a lawyer?

NHF

[kkalan]

It sounds hopeful that the judge agreed and now UNCIS is asking for the biometrics again....

What do you think? Do you have a lawyer?

NHF

I have pretty good lawyer they are not asking for biometrix they are asking for new pics. I had the old way pics face side way so they asked me the passport pic. My attorney is very hopefull he thinks if they want it to deny it or had any concern they would had said that by now. He thinks they are taking time because you already here and they dont want me to put me on front like everybody. He thinks it should be done by end of this year.

[needhelpfast]

Well that sounds promising, but geesh, you sure have been waiting a long time!!

Can I ask what the details of your hardship were?

[needhelpfast]

If anyone has an experience to share about filing in the US, please do so.

I am currently at the point where I need to file a motion to reopen/reconsider. I have a pricey attorney that frankly, I cannot afford! This is the reason we haven't filed the motion yet, he wants his retainer first, and we don't have it!!

How do you file a motion? Who do you file it with? Can anyone walk me through the process?

Thanks so much for your contributution, any help appreciated!!:)
NHF

[pen1137]

we couldn't/can't afford an attorney, either, but we may be stuck (for now).

as far as the MTR (file it with the same service center), all our lawyer did was reiterate what we stated in our affidavits with law i already knew, so a couple-few thousand dollars later, we are sitting in the same boat. if you have to go that route, just state in a cover letter you are filing a motion to reconsider (and pay the fee, of course:) ) and save yourself the lawyer fees. (hubby calls our lawyer a glorified clerk-lol-and i sure hope he doesn't frequent this board!)

these in-country's are really ridiculous...

[ukgirl27]

If anyone has an experience to share about filing in the US, please do so.

I am currently at the point where I need to file a motion to reopen/reconsider. I have a pricey attorney that frankly, I cannot afford! This is the reason we haven't filed the motion yet, he wants his retainer first, and we don't have it!!

How do you file a motion? Who do you file it with? Can anyone walk me through the process?

Thanks so much for your contributution, any help appreciated!!:)
NHF


Did your first I-601 get denied? what do you need to re-open? i can't figure it out from your story:)

[needhelpfast]

we couldn't/can't afford an attorney, either, but we may be stuck (for now).

as far as the MTR (file it with the same service center), all our lawyer did was reiterate what we stated in our affidavits with law i already knew, so a couple-few thousand dollars later, we are sitting in the same boat. if you have to go that route, just state in a cover letter you are filing a motion to reconsider (and pay the fee, of course:) ) and save yourself the lawyer fees. (hubby calls our lawyer a glorified clerk-lol-and i sure hope he doesn't frequent this board!)

these in-country's are really ridiculous...



I'm sorry, Pen, I don't understand.
Have some questions, if you could...

I just need to write a cover letter? To who?
What should it say?

Is there a number for this (I-whatever____).

How much is the fee?

I feel the same way about the glorified clerk business!! He's right!

Thanks for your help!!

Also, what is the next step after filing?

My lawyer told me that he was going to request 90 days from the USCIS officer who denied our 485, to gather information for the waiver.
I guess I could do this as well, right?

Is this done in the cover letter or verbally?

[needhelpfast]

Did your first I-601 get denied? what do you need to re-open? i can't figure it out from your story:)


Sorry I didn't see your question...

Our I-130 was approved and our I-485 was denied.

The USCIS officer told us verbally that my hubby will have to leave to file a waiver in Italy. He did not tell us that we could do it here. We actually got as far as buying a one-way plane ticket to Italy for him, until we consulted with the last attorney who told us that he did not have to go, the waiver could be filed here.

(This is the part even I'm confused about...who does he file it with??)

He stayed, we were excited and were willing to dish out the $3000 retainer. One problem (small) we don't have the money!! I have been trying to get it but we just don't have it. :((

This was last week. Time is ticking, I'm not sure the official status of our case, I know it is denied, and assuming closed.

But because it was so recent, I think our case is still with the USCIS officer here in Detroit.

So, my question is how do I file, what do I file and with whom?

The lawyer said we needed to file 2 seperate things, a motion to reconsider and the waiver.

Does this make more sense?

Any suggestions???

[pen1137]

what was the 485 denial for? sorry if you already mentioned...

[needhelpfast]

I'm glad there's other night owls up!!
Fraud upon entry for a CIMT, did not admit there was a prior arrest because it happened so long ago. Actually thought it was expunged. (17 years ago).

[pen1137]

ok ("night owl' is my middle name...lol)-you are kinda in the same boat as hubby and i. he came over on the vwp, we ended up getting married, but when the bp guy asked if he had ever committed a crime, he assumed they meant here in the us, hence all our problems. his record is 15 years old.

how long ago were you denied? you have a short time-frame to get your mtr in.

i'd be glad to send the format of our lawyer's letter to you.

[needhelpfast]

Yippie!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Me too (night owl and thank the good Lord I finally found someone who can relate!!!!!!!!!!!!!!!!!!!!

I've been batty trying to find someone who has a similar situation!!

My hubby was a VWP too!

Here's where it get's a little tricky though...

The 485 was denied in Nov of 2005!!

Three days after the denial (verbal), my hubby was the victim of a carjacking where he sustained a closed head injury.

He was in the ICU for weeks, didn't know if he was going to make it. (crying here)

Well anyways, i contacted the USCIS officer and told him what happened, he said don't worry about it right now (in Nov, 2005), they will wait (no time perimeter given...)

Just recently, my hubby is better and is trying to get back into life, working etc.,

I called the officer and asked him what our status was and asked him what I should do...

He said the status was still the same and he still had to leave the country.

That's when we bought the ticket and planned to seperate:(

Consulted 3 lawyers:
1st one said the uscis officer should have told us we could file a waiver
2nd, just graduated law school and was clueless,
3rd said that the uscis officer erred and we were still entitled to file a motion and reopen the case.

This is where we stand now. i don't know his rights, i don't know the ins and outs of immigration law that well, but i believe the attorney that said the officer erred. I think so too.

Thanks for listening, and I would love for you to email me the letter, it would be a huge help if you would be so kind to do it. i will PM you my email address.

[pen1137]

the biggest thing for sure is...do not let hubby leave the country. it's lengthier in processing times, yet easier in the not being separated.:) also, with cimt, if you leave, will they ever let you back in?

i'm curious, do you have regular correspondence with USCIS and/or lawyer from 2005 to now? i would hate to think they considered your case abandoned...no additional letters from these people?

i'll go search for our letter (i'm terrible with file mgmt) and send it on.

[needhelpfast]

the biggest thing for sure is...do not let hubby leave the country. it's lengthier in processing times, yet easier in the not being separated.:) also, with cimt, if you leave, will they ever let you back in?

i'm curious, do you have regular correspondence with USCIS and/or lawyer from 2005 to now? i would hate to think they considered your case abandoned...no additional letters from these people?

i'll go search for our letter (i'm terrible with file mgmt) and send it on.



That's what the attorney said too, not to leave.

Well, if he were to go back, he'd have to file the waivers there. And wait there.

USCIS officer did not call me or send me written correspondance one time during the rehabilitation.

I called him finally and asked, what should we do?

That's when he said he still had to leave. i took it as gold, hence the ticket, etc.

The case/file, I suspect, was stuck in a pile somewhere in USCIS land.

The officer retrieved the file and gave us a written decision, just 2 weeks ago.

I must have asked him at least 6 or 7 times, is there anything we can do? A motion, an appeal, etc. He said no every time.

This is where our lawyer says he erred.

[needhelpfast]

I got it Pen, sent you an email.
(Thank you):)

[needhelpfast]

UKGirl,
Sorry for taking over your thread!
We night owls got going and couldn't stop!

Looking forward to seeing other posts in the AM (early birds).

NHF:innocent:

[ukgirl27]

lol, you girls are too funny:) up all night!

What did the letter say from immigration? If i were you i would try and get an email consultation from laurel scott just to see what his opinion is. He is a lawer and an honest one, alot of people can vouch for that on this board. We only got 90 days to file our I-601, some people only got 30 days so because it has been longer than that for your case it might have something to do with it!

Hopefully you can still file from here but i would definately get an email or phone conversation from Laurel and at least you will know where you stand!





Sorry I didn't see your question...

Our I-130 was approved and our I-485 was denied.

The USCIS officer told us verbally that my hubby will have to leave to file a waiver in Italy. He did not tell us that we could do it here. We actually got as far as buying a one-way plane ticket to Italy for him, until we consulted with the last attorney who told us that he did not have to go, the waiver could be filed here.

(This is the part even I'm confused about...who does he file it with??)

He stayed, we were excited and were willing to dish out the $3000 retainer. One problem (small) we don't have the money!! I have been trying to get it but we just don't have it. :((

This was last week. Time is ticking, I'm not sure the official status of our case, I know it is denied, and assuming closed.

But because it was so recent, I think our case is still with the USCIS officer here in Detroit.

So, my question is how do I file, what do I file and with whom?

The lawyer said we needed to file 2 seperate things, a motion to reconsider and the waiver.

Does this make more sense?

Any suggestions???

[kkalan]

Yippie!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Me too (night owl and thank the good Lord I finally found someone who can relate!!!!!!!!!!!!!!!!!!!!

I've been batty trying to find someone who has a similar situation!!

My hubby was a VWP too!

Here's where it get's a little tricky though...

The 485 was denied in Nov of 2005!!

Three days after the denial (verbal), my hubby was the victim of a carjacking where he sustained a closed head injury.

He was in the ICU for weeks, didn't know if he was going to make it. (crying here)

Well anyways, i contacted the USCIS officer and told him what happened, he said don't worry about it right now (in Nov, 2005), they will wait (no time perimeter given...)

Just recently, my hubby is better and is trying to get back into life, working etc.,

I called the officer and asked him what our status was and asked him what I should do...

He said the status was still the same and he still had to leave the country.

That's when we bought the ticket and planned to seperate:(

Consulted 3 lawyers:
1st one said the uscis officer should have told us we could file a waiver
2nd, just graduated law school and was clueless,
3rd said that the uscis officer erred and we were still entitled to file a motion and reopen the case.

This is where we stand now. i don't know his rights, i don't know the ins and outs of immigration law that well, but i believe the attorney that said the officer erred. I think so too.

Thanks for listening, and I would love for you to email me the letter, it would be a huge help if you would be so kind to do it. i will PM you my email address.
Dont we all in a same boat?? Just curious I was asked in interview if I had committed any crime I told him other the I was convicted I did not but I had a shop lifting citation but I paid on time. but he said he is not asking for citation crimes. then I told him no. Anyway I asked my attorney before the interview if they had a record of my shoplifting but he said he dont know they might they might not its all depend on State crime report. I checked the the state crime data base my name never came in for any crimes. I paid and checked the data base for back ground check also. Anyway later I checked the state website it stated that court will have to report any crimes with crime B misdemenor or above and to state crime data base but mine was class C and never went to court or see any judge I paid at police station and I never went to any court hearing.
Well I am assuming my 485 does not get denied. Needhelp what kind crime was your/you hubby commited was it for felony or misdemenor?

[Pinkpig]

lol, you girls are too funny:) up all night!

If i were you i would try and get an email consultation from laurel scott just to see what his opinion is. He is a lawer and an honest one, alot of people can vouch for that on this board.

Hopefully you can still file from here but i would definately get an email or phone conversation from Laurel and at least you will know where you stand!

He is a She :) and very highly recommended. Ms Laurel Scott http://www.visacentral.net/

[ukgirl27]

He is a She :) and very highly recommended. Ms Laurel Scott http://www.visacentral.net/

OMG, how stupid do i feel:D I thought she was a woman until someone on the other post on the old forum said Laurel was a man......I hope she doesn;t read this, she might never answer my question about in-country chicago waivers:D


Pulbic apology to Ms Laurel Scott!!

[kkalan]

Well
I have noticed all 601 in country were denied were decided witin 6 months and the one got approved decided took more then 6 months. I feel better now mine is taken longer=)

[sillygiggle]

Hi to everyone and to all of you going through an in-country 601-good luck! My husband is from the UK and he finally got his greencard/waiver approved in February 07. We filed in SF in December 06. We originally filed in 05, but the I485 was denied right away because he was convicted of CIMT in England. This was over 15 years ago and involved one count of marijuana conviction. However, at the time we filed his court record said only it was a conviction of a controlled substance and unless we could prove it was marijuana, there was no waiver for that.
After going through many months of paper work etc with the courts in England, we finally got the convictions record that said it was pot. I found out that if you have CIMT OVER 15 years ago, you can file a 212H. My lawyer was CLUELESS about this, and was very worried, he told us the approval rating in SF was very low.
Long story short is that we had to refile everything, but the I-30, turned in both the 601 and the 212H waiver in Dec 06, and he was approved in Feb of 07. If anyone wants to email me I am totally willing to share my experience/knowledge about this. My lawyer does loads of in country filings esp from Ireland/England, but he was cluess about the 212H. With that you only have to prove that the conviction (s) were over 15 years ago, that he/she has been reformed (not as easy as it sounds) and that they are not a threat to the United States.

[pen1137]

hhmmm...i lnow that JLU has posted on this many times, but i wasn't aware of the 15-year thing. wonder what we can do when we can't get hubby's police records, tho...:confused:

[sillygiggle]

We had to get his from Scotland yard, and then from the Crown Court. It was not easy to get the records from the police or from the court as it was so long ago. We had a lot of back & forth going on, and it was more difficult because of the time difference etc. Also, for the marijuana conviction it also has to be under 30 grams. England does not have records of the quantity, so on top of everything else, we had to *prove* it was under 30 grams, basically by his sentence, which was pretty much a suspended sentence. It was really a nightmare.

[sillygiggle]

here, if this helps anyone.
212(h) waivers:

If you have criminal convictions, it is more difficult to get legal status through a family member. You may be eligible to ask for a waiver (or pardon) for your crimes. There are several types of waivers, but the most common is a 212(h) waiver.

What is a 212(h) waiver?

It is a waiver that allows you to get legal status through a family member even though you have criminal convictions. It can waive the following crimes:

*Crimes of “moral turpitude” except murder or torture
*Multiple criminal convictions
*Prostitution
*only one offense (whether you admitted to the act or were actually convicted) of simple possession of 30 grams or less of marijuana (no other drug crimes can be waived)
*diplomats who claimed “immunity” to keep from being prosecuted

What do I need to show to be granted this waiver?

1) you are the husband, wife, parent, daughter or son of a
2) U.S. citizen or lawful permanent resident who would suffer
3) “extreme hardship” if you were kept out of or forced to leave the U.S.

OR

1) it has been at least 15 years since you committed the crime;
2) allowing you into the U.S. would not harm the welfare, safety or security of the country, and
3) you have been rehabilitated (you have changed and do not now commit crimes)

How do I apply?

To apply for a 2121(h) waiver, you will need to fill out form I-601 and submit supporting documentation to prove the extreme hardship

FYI -if it's been OVER 15 years, you do not need to prove extreme hardship, however, as I mentioned above, we did both the I-212H AND the I-601 (for hardship). I didnt think we would have a chance really with the hardship, as we don't have kids, I don't have too many medical issues and England isnt considered a bad/hard country to live in. We did get lots of character letters for both of us, I volunteered (my lawyer suggested this), etc.
Btw, he came in on the VWP and overstayed by about 1 1/2 years.

[needhelpfast]

Hi everybody, and welcome Sillygiggle!

Thanks for the good information. I would love to know more about this process, and congratulations!!!!!!!!!

YOU WERE APPROVED!!!!!!!!!!!!!!

That's encouraging, especially to us that are waiting, or like me, just getting started. It's so scary!

Hi UKGirl, LOL

We should call this the in the same boat thread! LOL
We found each other, very cool!

Hey Silly,
We too have to file a 212(h) waiver, trying to do it without an attorney....what do you think??

Looking forward to talking to everyone soon...I'll be up for awhile, it's only midnight lol.

:thumbup:

[ukgirl27]

you guys are great in this thread:)

We are just over the 6 month mark :bounce: going on what the other poster said, that is a good thing:)

ttyl

[needhelpfast]

Hey UK, what are you doing up so late? You've got the morning shift!!
:p

What's new with you?

[ukgirl27]

Hey UK, what are you doing up so late? You've got the morning shift!!
:p

What's new with you?

lol, i am not at my computer at home so i get to stay up late at my husband's family:)

going to bed as have to be back at work in the morning:(

take care!!

[needhelpfast]

Hi everyone!
Yes, I like this thread too. You guys are great, thank for being there for me and for others. :)

Listen, I just posted another question, Pen you responded, but I'm still not sure what to do...

Someone told me that instead of filing a motion to reconsider with the 601, we would be better off refiling a new 485 with the 601.

The reasons were that the new 485 carries more weight than just a motion and it will process sooner than a motion.

Does anyone have personal experience with this (refiling a 485 after a denial of the 485)?

I'm not sure how to proceed and the clock is ticking for us because of time frames....any suggestions???

Thanks, NHF

[needhelpfast]

here, if this helps anyone.
212(h) waivers:

If you have criminal convictions, it is more difficult to get legal status through a family member. You may be eligible to ask for a waiver (or pardon) for your crimes. There are several types of waivers, but the most common is a 212(h) waiver.

What is a 212(h) waiver?

It is a waiver that allows you to get legal status through a family member even though you have criminal convictions. It can waive the following crimes:

*Crimes of “moral turpitude” except murder or torture
*Multiple criminal convictions
*Prostitution
*only one offense (whether you admitted to the act or were actually convicted) of simple possession of 30 grams or less of marijuana (no other drug crimes can be waived)
*diplomats who claimed “immunity” to keep from being prosecuted

What do I need to show to be granted this waiver?

1) you are the husband, wife, parent, daughter or son of a
2) U.S. citizen or lawful permanent resident who would suffer
3) “extreme hardship” if you were kept out of or forced to leave the U.S.

OR

1) it has been at least 15 years since you committed the crime;
2) allowing you into the U.S. would not harm the welfare, safety or security of the country, and
3) you have been rehabilitated (you have changed and do not now commit crimes)

How do I apply?

To apply for a 2121(h) waiver, you will need to fill out form I-601 and submit supporting documentation to prove the extreme hardship

FYI -if it's been OVER 15 years, you do not need to prove extreme hardship, however, as I mentioned above, we did both the I-212H AND the I-601 (for hardship). I didnt think we would have a chance really with the hardship, as we don't have kids, I don't have too many medical issues and England isnt considered a bad/hard country to live in. We did get lots of character letters for both of us, I volunteered (my lawyer suggested this), etc.
Btw, he came in on the VWP and overstayed by about 1 1/2 years.



Hey Sillygiggle,
You were approved after refiling EVERYTHING, does that include the 485 as well? Please explain what you refiled. Does this mean that you have not filed a motion, but went the refiling of the 485 with the waiver, etc?

Please explain what you refiled, it may help me make a decision on how I should proceed.

Thanks so much, NHF

[pen1137]

ok, here is where i'm confused-i reread everything, and it looks like you never filed a 601...? with the 485 denial, it would seem to me they would ask for that before outright denying. but USCIS works in mysterious ways...:rolleyes:

[needhelpfast]

Sorry for confusing you Pen.

No, I have never filed a 601 (yet).

The only apps we filed were the I130, approved and the I485, denied.

This is where I stand now.

Do I file a motion to reconsider the 485 denial decision with a 601,

or

Refile the 485 with the 601?

[pen1137]

sorry to keep asking for more info, but when you got that letter from them on their decision, did they give you any options? (besides leaving...)

in any case, i think it would be cheaper to go the mtr/601 route- i'm not sure whether the 485/601 would carry more weight or not to justify the extra $.

hopefully sillygiggle(love, love that name:)) can chime in on that one.

[pen1137]

btw, i'm still looking into from when we had a consult with laurel from a couple+years ago and also into the 212h/601 that sillygiggle did...

[sillygiggle]

In our first interview the marriage was approved (the I30) but with in 30 days we got a letter saying his 485 was denied because he has a possession for a controlled subtance and was inadmissable. Said he had 30 to do MTR or leave the county. We consulted our lawyer and got a 2nd opinion from another and they both said to just refile everything-basically start from the beginning. so, during that time until we refiled he went back to illegal status-we did not refile the I30, but everything else. (he had to pay for a new medical exam, finger prints etc)
I think this was in Oct '05. We refiled in May of 06 and at the second interview they denied him again (well we knew it was going to get denied) but this time they told us we could file a waiver. they did not specify 601 or 212h. They gave us 90 to turn in the waiver, which we did on Dec 22. He got his approval in Feb 07.
I was terrified they were going to deport him as they had our address, etc from the first interview and he went back to being illegal again until we refiled the 485. Our lawyer acknowledged that technically they could've arrested him at the second interview, but that interview went very well. Unfortunately, I think sometimes it's up to the discretion of the adjudicator, and we got very lucky. Plus, we had all of the paperwork from the convictions this time.

[pen1137]

that's what gets me-where is the consistency with these people? they need to tell you exactly what you need to do to correct (or try to) your situation, not lead you on some wild goose chase. perhaps they and the lawyers are in cahoots...lol

[sillygiggle]

Yeah, in our first interview, it was obvious the guy did not like our lawyer! he didnt even mention anything to us about a waiver or anything. We left thinking, 'well that went alright'. A couple of weeks later I got the I-30 approval and we were very excited (totally new to the chaos at this point). Then the 2nd letter came (the denial letter) and in HUGE BLACK LETTERS it stated YOU MUST LEAVE THE COUNTRY IMMEDIATELY. The last thing I thought I would see. it was terrifying. I didnt believe my lawyer (at this point I was quite frustrated with his lack of knowlege on the 212) when he said we could refile. I was like, huh? Immigration is obviously a huge business, when I think of all the fees (not even counting my lawyer's fees) we paid TWICE. But honestly, I've heard you get a better chance to just go ahead and refile and not do the appeal/MTR. I actually know someone on their 3rd refile...

[needhelpfast]

Thank you Pen and Sillygiggle.

Pen, if you could find that chat, wow, that would be helpful.

Silly, thanks so much for the explanation. I am exhausted today from trying to figure this all out!

It doesn't help that my lawyer is on vacation, and I doubt he'll even answer my questions until I pay him, well you know!

Uuuuhhhhhggggggg!!!!!

Sorry guys, thanks for being here for me, I just feel so undecided on how to proceed.

Over and out,
NHF:shy:

[sillygiggle]

I know exactly how you feel. I'm sorry! I found this link that talks about the 212H waiver process. I don't know if it will help you or not. I'm not familiar why your case was denied, but I think it was CIMT over 15 years? right?

I'm in SF, but this website has pretty good info.
http://www.pdsdc.org/CriminalLawDatabase/iimmigstatusdef.asp

good luck

[ARodrigues]

This is the first I've heard about being able to file in the country. (I'm new to this)

How do I know if we could do that? My husband is EWI and still here with me. We recently filed I-130 and I had all but accepted that he'd have to go back to Brazil for his interview and get denied. Is that the case?

[sillygiggle]

From my understanding, if he EWI, he will have to go back to his country for the interview there. I only have experience with visa overstay.

[ukgirl27]

has anyone had to renew their work authorization card yet? Mine expires on October 12th but i think i need to renew it now because i don't know how long it will take...has anyone done this?

[sillygiggle]

My husband's EAD card expired at the end of Dec-we <-on the advice of our lawyer> waited until November to renew. It didnt come until the end of January. I even think on the USCIS website it suggests reapplying at least 3-6 months before your card expires.

[sillygiggle]

USCIS does say to start reapplyin for you EAD six months prior-I would do it now because the fees are going up July 30th.

[kkalan]

I had re new my ead twice with no problem other then they lost my package.

[kkalan]

This is the first I've heard about being able to file in the country. (I'm new to this)

How do I know if we could do that? My husband is EWI and still here with me. We recently filed I-130 and I had all but accepted that he'd have to go back to Brazil for his interview and get denied. Is that the case?
No you can not apply for waiver in the country for EWI unless you have been sposored for 245I section. In my case my EWI also but I had 245I and thats the reason I applied from here.

[CAMUR]

did you file 485.130 and 601 concurrently?









I think I have post this before but anyway I am also waiting for in country waiver to get approved we filed back in 2004 dor 485.130 and 601 INS lost my paper work and we resent it in 2006 finally jan 2007 we had an interview it went very well. INS adjudicator also me I have good chance to get approval since Im married to USC wife and expecting our first kid and also have another usc kid from differant women. last month we made a inquiry regarding our case and finallt couple weeks ago we got response waiting for my name check and everything is ok. I dont know what is mean do you guys know how long that takes? I am in dallastexas.

[CAMUR]

Did you file 485,130,601 concurrently?

[kkalan]

did you file 485.130 and 601 concurrently?
Yes I did.

[klaudialaw]

yeah, I really would like to know about the in-country waivers. I am married and am expecting a child with my husband who fraudlently entered the USA.
I was not sure if we could file the in-country waivers at this point. I am from ny but I was told that the I-130, I-1485 and I-601 get filed in Chicago.

Please let me know

[needhelpfast]

yeah, I really would like to know about the in-country waivers. I am married and am expecting a child with my husband who fraudlently entered the USA.
I was not sure if we could file the in-country waivers at this point. I am from ny but I was told that the I-130, I-1485 and I-601 get filed in Chicago.

Please let me know


True, I130. I1485, I601 all go to Chicago. Have you sent yours in yet?
What stage are you at in terms of filing/refiling, fill us in.

[klaudialaw]

I have not sent the package out yet. I am kind of afraid to whether do it or not do it. I am in a big dilemma. I dont know what is going to happen at the interview. Has anyone gone through the process and knows what might happen. I dont want my husband to be arrested or anything similar at the interview. I was also told that even though the package gets sent in Chicago it will be sent for adjudicating at a local office in New York where I reside.

If anyone has any info please let me know as I dont understand the idea that it gets sent to chicago first and then it gets located where the petitioner resides.

[pen1137]

klaudialaw-

how did your husband actually enter? you said fraudulently, would that be without inspection? if a person EWI, they are not able to adjust status within the states.

[klaudialaw]

He used a photo swiched passport. Which means he was inspected but under that other name.

[needhelpfast]

He used a photo swiched passport. Which means he was inspected but under that other name.

Have you checked this out with a lawyer?
Impersonating a US Citizen is a lifetime bar, no waiver can be used.
Was the passport a US passport? I hope not, not sure about the law on this....

[klaudialaw]

no it was not a us citizen passport

[kkalan]

He used a photo swiched passport. Which means he was inspected but under that other name.
Well this is very debatable with INS but I believe they will not accept his switched picture entry that consider as a misrepresenattion just like mine he can adjust his status on base on 245C instead of 245I but anyway it all depends to INS adjudicator to accept his entry but you will have to show it with proof by showing that passport with that pic he entered and then if all up to INS if they will accept it or not If not they will put him on deportation hearing now you can do the same thing argument front of judge to determine if he is eligible for 245C if not judge will deport him and then you have to go with differant route which I believe is little longer.

[klaudialaw]

where you in the same position as my husband, did you enter with someone's eleses passport. Please let me know as much as you can so that I can make a sound judgment as far as filing the package. Please let me know what 245c is as well. give me as much details as you can about your case so I can compare it to mine. Please....................

thank you

[kkalan]

where you in the same position as my husband, did you enter with someone's eleses passport. Please let me know as much as you can so that I can make a sound judgment as far as filing the package. Please let me know what 245c is as well. give me as much details as you can about your case so I can compare it to mine. Please....................

thank you

I think you need a attorney if you want to apply via 245C because you dont even know what is it. 2nd I came in on someone else password but my pic was there. I am almost in the end interview for my 130/485 and 601 already took place awaitng approval since March.

[ukgirl27]

where you in the same position as my husband, did you enter with someone's eleses passport. Please let me know as much as you can so that I can make a sound judgment as far as filing the package. Please let me know what 245c is as well. give me as much details as you can about your case so I can compare it to mine. Please....................

thank you


Sounds like you need to at least have a consultation with a lawyer to see what you can do....good luck:)

[klaudialaw]

My husband's picture was on this guy's passport also. However, I am confused when you say that you had the interview and that the I-601 had been approved. did you send I-601 together with the papers or separately. I contacted an attorney who told me that he will file I-130, I-601 and I-485 together but then would prepare a full I-601 case to be submitted at the interview.

Please let me know

[kkalan]

I submitted everything together along with 601/485/130. Still awaiting approval. Awaiting FBI name check.

[klaudialaw]

Did you submit a hardship case or just an I-601 application together with a cover letter?
Please let me know

[kkalan]

Like I said I submitted everything along with hardship letter.

[needhelpfast]

Hi everyone,

I've been gone for a few days, just wanted to update everyone and say hi.
:wave:
How is everyone doing??

OK, I decided to do this thing without a lawyer, clock is ticking though, trying to submit all the paperwork before the fees change! I have 8 days.
I decided to refile instead of filing a motion though. I will be refiling the I485, I765, (copy of) approved I130, I601 and 212(h). My 601 application and letter will NOT be completed by the 30th though. How did/will you guys submit the remainder of the 601? At the I485 interview? That's what I am thinking. I am waiting on docs from Italy that won't be ready until October.

Just keeping you all posted...Talk to you later!!!:bleh:

[sillygiggle]

when we refiled, we waited for the denial letter after our 1485 interview to arrive (he didnt get denied at the interview right away) Then, we had 90 days from the date of the denial letter to submit the 601/212H-our lawyer went down to the immigration office and turned it in himself for us.

[klaudialaw]

for Kkalan
I just have a question for you. Did you receive the employment authorization already? If yes- how long did it take after filing all the docs?

thanks

[kkalan]

I recieved it after 90 days and renew twice.

[klaudialaw]

I believed that the employment authorization is valuable for 1 year. does it mean that you have been in the system for almost three years since you filed your (i130- 1485 & I-601) package? Has your case been referred to an immigration judge? Please if you can share with me any piece of info as I sent my package with all the forms out today since the fees are going up on monday.

Your experience will be really helpful to my case since it is very similar.

thank you

[kkalan]

I believed that the employment authorization is valuable for 1 year. does it mean that you have been in the system for almost three years since you filed your (i130- 1485 & I-601) package? Has your case been referred to an immigration judge? Please if you can share with me any piece of info as I sent my package with all the forms out today since the fees are going up on monday.

Your experience will be really helpful to my case since it is very similar.

thank you

Read my first post.
After arresting by INS and convicted with misrepresentation I was refer to INS judge. Judge continue my case for two years awaiting I130 to get adjusdicated finally it never happened since INS lost my file anyway later my attorney and INS attorney come up to deal not to proceed with deportation INS wants to give me a break since I been here for 17 years two USC kids and USC wife and they send my case to Service center after 4 moonths I got it interview in Jan 2007 and now awaiting my fbi name check to be cleared and it has been 6 months now. You can PM me we go on more details.

[klaudialaw]

I dont know how to use private messages but I would like to go over details with you if you dont mind.

[kkalan]

I dont know how to use private messages but I would like to go over details with you if you dont mind.
Click on my name and it will take you to my PM message. easy.

[huzza]

Finally after days searching high and low for in country I601 waiver, I found this useful thread. Very glad you guys are discussing this as my lawyer got no bloody clue to what I need. Hope you guys can give me some directions...

I just renewed my H1B and planning to return home for a short vacation. Last year when I returned home, it took me 6 months of wait in Malaysia for me to get my waiver approved.

USCIS states, "IF you are in the United States and are applying for status as a permanent resident, file with the local office having jurisdiction over your place of residence." In my case, I am on my H1B and not planning to file PR any time soon...

So can I still file for I-601 in country? Do I write a hardship letter? Any guidance is much appreciated!!! Thank you.

[pen1137]

huzza-

could you give more details? what was the previous waiver needed for?

if you have a valid H visa, i would think you only need AP, if that...but i'm not too familiar with the H visas...

[huzza]

I have a misdemeanor record for CMT back in 03. Last year, I return home for vacation and went to the consulate for re-stamping. They rejected my H1B based on my criminal record, but applied for me a waiver. After 6 months of waiting, the consular stamped my passport with H1B visa with annotation "NOT INA INELIGIBLE UNDER 212 (SMALL A) (2) (A) (II)(III)". I am trying to avoid the same problem by applying the waiver before I leave the country since I just renewed my H1B visa. Hope that explains my situation...

[pen1137]

i would think the previous waiver approval would still hold true...not sure of the INA code...again, i'm not sure, i'll try to look it up quickly and maybe someone will chime in in the meantime!

[huzza]

The thing here is my visa on my passport expired although I have a new H1B approval. So if I do go home, I would have to go through the whole process of applying for a waiver again, dont i?

[perrito1]

Hello to everyone!!Wow I like this new site congratulations!!! For the people who remember me i filled i601 in Chicago, IL about 11 months ago and i haven't heard anything i spoke w/lawyer yesterday so my husband can renew his employment authorization card and he wanted to charge us almost $1000 so we decided to do it ourselfs beside that i ask him if he can find out the status of our case and he said that is better not to put pressure on it and just wait, so at this point don't know what to do i guess just wait at least my hubby and I are in the States together!!!
Perrito1

[ukgirl27]

Hello to everyone!!Wow I like this new site congratulations!!! For the people who remember me i filled i601 in Chicago, IL about 11 months ago and i haven't heard anything i spoke w/lawyer yesterday so my husband can renew his employment authorization card and he wanted to charge us almost $1000 so we decided to do it ourselfs beside that i ask him if he can find out the status of our case and he said that is better not to put pressure on it and just wait, so at this point don't know what to do i guess just wait at least my hubby and I are in the States together!!!
Perrito1

I got your PM and replied:)

I am so glad you are doing it without a lawyer now, that is insane to charge $1000!!!

I also got told to not even inquire about the I-601 because it will bring it back to their attention and they might just do a quick denial:( I also got told that sometimes they make you wait a long time because they don't want to make that decision because more than likely most people would be denied and at least we are here with our husbands:) But it does suck, not knowing, i can't wait to be able to travel home to see my family, i haven't been home for 4 years!!

We can't even check online because we never even got a receipt:( Hopefully all of this waiting will be worth it and we will both get approved.

[sylvs75]

Good day. I dont' know what to do with my case. Came to US in K1 Visa, did not marry the person who filed for my K1 petition, instead married another USC. Filed I-130 together with the I-765 last year, got approved. Went to I-485 interview, got denied. Now, my I-765 is about to expire. Need help on what to do. Do I need to file an In-Country I-601? If so, if I file an in country I-601, can I renew my I-765 (EAD)? Please help.....Thank You...

[perrito1]

Hello!! I know this sucks, my hubby feels the same way he can't go back to his country to visit his mom, his an only child and his mom is getting old 72!! I hope to heard good news soon or at least to know that we got denied so we can just go back and do the waiver from his country :c!!!
Good Luck too
Perrito1