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Immigration Law Question: I-485 with waiver?

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  • Immigration Law Question: I-485 with waiver?

    A friend of mine is ready to apply for the I-485, or what he called a One Stop application, I-485, I-130, & I-765, he is a US petitioning his wife who EWI back in 1995, married 12 years and 3 US children, question is "Does he file the waiver now or after the denial? The wife is from Mexico.

  • #2
    A friend of mine is ready to apply for the I-485, or what he called a One Stop application, I-485, I-130, & I-765, he is a US petitioning his wife who EWI back in 1995, married 12 years and 3 US children, question is "Does he file the waiver now or after the denial? The wife is from Mexico.

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    • #3
      Hi,

      The waiver is filed after the denial. His wife will need to return to Mexico within a specified timeframe after the denial and she will receive a waiver appointment at the US Consulate in Mexico. It is at this appointment she turns in her waiver packet.

      Good luck to your friends.

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      • #4
        Webster, your friend would be wasting his money applying for AoS and EAD. At present there is absolutely no way for someone who entered without inspection to adjust. She will have to return to Mexico for Consular Processing and only after the denial at the interview stage can they file the waiver (right there and then, if it's ready).

        There is a proposal to allow provisional waivers to be processed in the US, but there is no definite timeframe to implement it. It would unlikely be this year. Even then, the wife would still have to go back to Mexico for CP.
        **************************************
        The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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        • #5
          I thought that they can apply for the I-601 waiver here and if approved by USCIS then they would have to go to Juarez-Mexico with a provisional waiver - which they will confirm that the grounds of inadmissibility is as presented, and since the only ground is unlawful presence, then the provisional waiver will be final- and the visa finalized. Is this true?

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          • #6
            It's how it will work if the current proposal is implemented, Webster. As of now, it has to be done the old fashioned way.
            **************************************
            The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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            • #7
              Thank you Aroha, I guess they have to go back for consular processing.

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              • #8
                The proposed regulation not being in effect, the only outcome of filing I-485 with such an inadmissibility issue is triggering a removal proceeding with no existing venue for relief from deportation.
                Did your friend consult an immigration attorney?

                Comment


                • #9
                  Yes, my friend is meeting with an immigration attorney next week, thanks for all the information.

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