what is the major difference between waivers???

[hac838604]

i have to file two waivers the 601 and 212 and i was wondering what is the difference between the guidelines for the 601 and 212 ,i know we have to prove extreme hardship but in both but, for example, we can use the same one for both waivers??? thank you for your help...oooh which one has a higher approval rate???:thumbup::blush:

[kitkat1]

Have you tried looking at your US consulate site for information?

Waivers (I-601 and I-212)

Form I-601 - Application for a Waiver of Ground of Inadmissibility

Some persons who have been found ineligible for a visa under the Immigration and Nationality Act (INA) may file an Application for Waiver of Ground of Inadmissibility (Form I-601) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bb515f56ff55d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD). Findings of ineligibility are usually made by a Consular Officer during an immigrant visa interview. This application and “evidence of extreme hardship” are filed with the Consular Officer at the Embassy where the beneficiary of the petition applied for the visa.

The Consular Officer forwards the form and supporting documentation to the U.S. Citizenship and Immigration Services (USCIS) office with jurisdiction for adjudicating the application. If the application is approved, USCIS sends approval notification to the appropriate Embassy for issuance of the visa. If the application is denied, the applicant will be notified in writing of the decision and the visa will not be issued.

Evidence of Extreme Hardship
Approval of a waiver application requires a finding that the refusal of admission to the United States of the immigrant alien would result in extreme hardship to a qualifying relative. In general, a qualifying relative for the purpose of a waiver may be a spouse or parent who is a United States citizen or a lawful permanent resident.

All claims of extreme hardship must be supported by documentary evidence or explanation specifying the hardship. Family separation and financial inconvenience, in and of themselves, do not necessarily constitute extreme hardship. Therefore, it is important for the qualifying relative to describe and document any other claim that might be a hardship. Extreme hardship can be demonstrated in many aspects of the qualifying relative’s life such as:

HEALTH - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in the applicant’s country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.
FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).
EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.
PERSONAL CONSIDERATIONS - Close relatives in the United States and /or the applicant’s country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.
Any other situation that the applicant feels may help meet the burden of extreme hardship.The evidence supporting the claim of extreme hardship should be as detailed as possible. Keep in mind that the hardship must be to the qualifying relative - not to the applicant.

Form I-212 - Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal

Some Individuals who have been deported or removed from the United States, or who departed the United States after the expiration of a voluntary departure order will also need to file Form I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal. This application is filed with the Consular Officer at the Embassy where the beneficiary of the petition applied for the visa. The applicant may attach a statement giving the facts that he/she believes USCIS should consider in making a decision on the application. The applicant may attach evidence in support of the statement.

The Consular Officer forwards the form and supporting documentation to the USCIS office with jurisdiction for adjudicating the application.

[emt103c]

The 601 is where you have to prove Extreme Hardship.

The I-212 is a matter of discretion to approve or disapprove. You can be approved without even having a qualifying relative, though a qualifying relative is one of the factors that can be considered in adjudicating the 212.

The 212 is adjudicated considering the balance of "favorable vs. unfavorable" factors.

I'm attaching a link to the adjudication section from the USCIS field manual for 212's. . .it explains it best

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=6ef978fa10bce1c601b6cf794a820 8ce

The attornies I spoke to said that if you can prove extreme hardship (and since you're submitting a 601 anyway) you might as well. I was told I could submit a letter just like an HSL to the 212. However, you are supposed to also prove GOOD CHARACTER of the previously deported alien. . .proving "remorse" is also an option with a letter from the beneficiary. This is a subtle difference.

When I applied, I treated it like a 601, even though it wasn't necessary. I want there to be no doubt that the discretionary factors should be considered in favor of approval.

In general, even though they are sent in together, the adjudicator's manual says that the 212 is considered on it's own merit. I was told that even if you had to duplicate materials the 212 needed to stand on its own. This may be different for Mexico. Some have said that since they are decided on the spot you can count on them being adjudicated on the merit of one package.

If you are applying to a consulate that is not doing the pilot program, based on these instructions, I would submit two complete packets of information, even if you have to duplicate.

Before I submitted my 212 or made my packet, I consulted with both Laurel Scott and a local attorney. I feel like they would all provide very reliable information. And I used the link that I provided above, that I found in my own research.

[NicoleX08]

I went to my attorney this morning and he told me that I can file my I-212 right now, my I-130 is being processed. Then when my husband gets his visa appointment, we then file the 601 at Ciudad Juarez... is this the correct way to do this?

[kitkat1]

Some people do it that way when they only have to file a 212. Once it's approved, they go to their interview and they get their vsia.

For you it doesn't make sense. Why file one of the two waivers int he US, where it will take a whole lot longer to process normally, when you will already be filing a 601 in CDJ that hopefully will be approved immediately?

I would definitely question his reasoning and strategy -- and consider running it past Laurel in her Wednesday chat. I don't think she'll agree with this and it doesn't seem in your best interest.

[NicoleX08]

I am thinking that he is doing it this way because if we get the 212 approval we can get the 601 approval as well, I am not sure about all of it.

[kitkat1]

But that is the case in CDJ - if one is approved, the other is. And they are reviewed together. No long wait - in the US it can take 18 months depending on where it's filed.

I would definitely ask him questions and make sure you understand why he's doing this - I don't think it's a smart idea at all when you can get them both quickly approved in CDJ.

[NicoleX08]

I would file through the Cleveland Ohio office. I am afraid of going to CDJ and being put on backlog like a lot of the people here are. I don't really know how to proceed with this, so I wanted to get some input on the situation. I will have to ask around and see what the best plan will be. Since it may take a while for my I-130 approval because of the amount of people that filed. Thank you kitkat for your answers. I will have to ask him next week what would be the better way to go at this

[kitkat1]

Well you will eventually HAVE to file the 601 in Ciudad Juarez - there is NO getting around that part. Anyone who Entered without inspection HAS to go through consular processing and cannot adjust status in the US. Has your attorney explained that to you? (And no reason to be scared - it's quite straightforward and with the pilot program, you have an amazing opportunity for immediate approval).

The important question is why would he think it's advantageous to separate the waivers? Cleveland could take forever - who knows - but in CDJ your waivers will be filed together. Either you are immediately approved at the infopass appointment, or you go into the backlog. And since you've just filed your I-130, by the time you get to CDJ there might not even be a backlog. Again, ask him his LEGAL reasoning for wanting to do this. It really does not make much sense.

[emt103c]

I agree with Kitkat, get a second opinion. . .

The district offices have a history of making things take a REALLY long time. What if it hasn't come back by the time you get the interview?

OR they could deny it (read about the adjudication process) as a file that would "not serve any purpose" to approve because the 601 is not yet approved and then you would have to re-file the 212 (+ an new application fee) WITH the 601 later which is the normal process.

(d) Determination of Whether the Approval Would Serve Any Purpose . In processing an application for consent to reapply filed by such an alien, you should determine whether its approval would enable to alien to be admitted to the U.S. If even after approval of consent to reapply the alien would not be admissible, the application should be denied as its approval would serve no purpose. For example, if the alien is presently inadmissible under section 212(a)(4) as likely to become a public charge, deny the application since the alien would be otherwise inadmissible, and no purpose would be served in granting the I-212.

Of course, an alien might be applying for both consent to reapply and a waiver of inadmissibility, provided the particular ground(s) of inadmissibility applying to the alien are waivable. If the alien has filed both applications (Forms I-212 and I-601), adjudicate the waiver application first. If the Form I-601 waiver is approved, then consider the Form I-212 on its merits; if the Form I-601 is denied (and the decision is final), deny the Form I-212 since its approval would serve no purpose.

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2

In addition to all of this, frankly CDJ is thought to be more lenient than other offices, why bypass them?

[Pinkpig]

I agree with Emt103c and Kitkat1 totally.

CDJ is the most lenient in terms of time and content.

Any waiver filed in-country will take much longer that CDJ. Also if you file the 212 in-country they will need to send your a-file to where ever it is being adjudicated. Therefore your process will be lengthened just by the mere fact that your a-file will need to be sent to different places and the chances of your a-file being "misplaced" increase tremendously. Also I would think that that would mean two separate background checks.

You don't want to make your process anymore difficult than it needs to be.

There does not seem to be any logical reason to file the 212 separately.

When both waivers are needed, generally the 601 is adjudicated first and if it is approved then the chance of the 212 being denied is practically nil.

[NicoleX08]

I know I will have to file the 601, I just was not sure if filing the 212 early would be better or worse. It looks to me like filing them together in CDJ will be the better option.