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Waiver i601 & Removal Proceedings or AAO?

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  • Waiver i601 & Removal Proceedings or AAO?

    Hey Guys,

    I filed a i130, i485 & i601 last year. I went for the i485 interview in November, it was smooth, received the approval of my i130 soon afterwards. However, I have not heard anything about the i485 or the waiver (i601) since. I believe my lawyer and I submitted a good package (about 20 pages) for the i601 based on my USC wife's health, her child, her child's health, emotional and finacial hardships. But I have been told many times that nothing is guaranteed with a waiver application.

    I'm about to schedule an info pass to find out what is going on with the case and my question is-
    1. Is there anything I can do in the waiting period to enhannce an approval?
    2. If denied, I would prefer to go straight to court as against to AAO. What do you think and Does anyone have any idea how long this kind of issue take in a proceedings?

    My rush is bcos I have to go home as soon as possible for a very urgent issue. An my grandmother is so so ill...

    Please advise.

  • #2
    Hey Guys,

    I filed a i130, i485 & i601 last year. I went for the i485 interview in November, it was smooth, received the approval of my i130 soon afterwards. However, I have not heard anything about the i485 or the waiver (i601) since. I believe my lawyer and I submitted a good package (about 20 pages) for the i601 based on my USC wife's health, her child, her child's health, emotional and finacial hardships. But I have been told many times that nothing is guaranteed with a waiver application.

    I'm about to schedule an info pass to find out what is going on with the case and my question is-
    1. Is there anything I can do in the waiting period to enhannce an approval?
    2. If denied, I would prefer to go straight to court as against to AAO. What do you think and Does anyone have any idea how long this kind of issue take in a proceedings?

    My rush is bcos I have to go home as soon as possible for a very urgent issue. An my grandmother is so so ill...

    Please advise.

    Comment


    • #3
      oneluv, so you are waiting for in-country waiver to be approved? I don't know much about it but the general feeling is that they take a long time (up to 2 years).

      Do you mind telling us what the waiver was for?

      Comment


      • #4
        You can apply for advanced parole.

        Comment


        • #5
          Aneri,
          Yes it is an in-country waiver.

          Waiver of inadmissibility. - for a 2002 conviction for receiving stolen goods.

          Is it advisable for me to travel with an advanced parole considering the inadmissibility?

          Also does anyone know how long it takes to get a decision from an immigration judge for a waiver in removal proceedings?

          Comment


          • #6
            oneluv,

            I advise you to stay here, they might approve your advance parole but you have no knowledge what they might say at your return to the states. I know it is a tough decision to take at this point, but try to put in balance what is more worth while?! Hope this helps a little in taking your decision.

            Comment


            • #7
              If you already have an approved waiver, there is no problem traveling.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by oneluv:
                Is it advisable for me to travel with an advanced parole considering the inadmissibility?
                </div></BLOCKQUOTE> No, you most likely won't be able to enter the USA... even if you do by some miracle or mistake, you would as a "parolee" be in a legaly weaker position then now

                Comment


                • #9
                  601 waiver for , process has been very lengthy and painful in my case ,my interview went very well but 601 waiver have kept me in limbo , and two weeks ago i got the news that the waiver is denied , iam about to file an apeal , if somone can tell me will me apeal go infront of judge or to some ins office

                  Comment


                  • #10
                    You can either appeal to the AAO in DC or be put in removal proceedings and put in front of a judge.

                    AAO Appeals have an average waiting time of 18 months, during which you typically should be able to get EAD renewal.

                    Going in front of a judge may be faster pending on your region. It also allows for you to present your case, witnesses and so on. Lawyers typically prefers going in front of a judge while applicants are quite cautious about going to court, and may be prefer to stretch it out.

                    Comment


                    • #11
                      Removal proceedings are at the discretion of the agency. I601 are administrative appeals to the agency, only one level, not the EOIR.

                      Comment



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