How long does it take to get an immigration approval with a I601 waiver?
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How long does it take to get an immigration approval with a I601 waiver?
 
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George L
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Yak Rider is right on all counts. In my experience, most people get their waivers eventually. To a large extent the time frame depends on who's doing it. USCIS offices do their own waivers at their various offices overseas and the time varies a great deal as these are small offices, so if one person is away on a temporary detail, it makes a big impact. CBP has a central office for waivers in Minnesota and those go very quickly. USCIS says 6 months as a default response. Since most waivers are based on the extreme hardship the US citizen would experience if their relative didn't get the waiver, it can certainly be useful to have an attorney help you prepare the waiver request. Otherwise, they don't have any role in the decision. |
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Yak Rider
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It depends on the office where it's filed. People who have gone through the process generally say "about 6 months."
It's NOT incredibly difficult to get approval. It's not easy either. The I-601 process should always be done with the assistance of a good, experienced immigration attorney. The attorney should conduct a comprehensive interview with both you and your spouse.
Use an attorney who is a member of the American Immigration Lawyers Association....
http://www.ailalawyer.org |
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veritaslegalgroup
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You are at the mercy of the adjudicating officer. You see, an I-601 waiver is a discretionary relief. That is, the Attorney General has the total discretion whether or not to grant the relief. You may not appeal such denial and no court has jurisdiction to hear your appeal. As such, you are at the mercy of the adjudicating officer. If there is emergency reason, your immigration attorney may request for expedite approval, but it will also be a request.
Because I-601 waiver is extremely difficult to obtain, and you must meet strict criteria in which you must show that the denial would be an extreme hardship to the U.S. citizen and Perm. residence spouses, children, parents, or other family members, you should contact an immigration attorney. Further, the application process is different from each U.S. Consular Office and the Immigration Court. Good luck!
Steven Pham |
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