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Which waiver form to fill out?

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  • Which waiver form to fill out?

    Hi all,

    A friend of mine wants to know which of those waiver 'I' forms she needs to fill out. She left the US but overstayed more than a year. So I think this is the 10 year bar.
    So which waiver form should be filled out?

  • #2
    Hi all,

    A friend of mine wants to know which of those waiver 'I' forms she needs to fill out. She left the US but overstayed more than a year. So I think this is the 10 year bar.
    So which waiver form should be filled out?

    Comment


    • #3
      friend of yours need discribe her sitation.
      What visa she had,did she file any papers with INS .Give more info please.

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      • #4
        waiver is I-601

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        • #5
          Hello delta

          does your friend have children , family wife or someone in the usa that this hardship waiver will be filed ?

          This is not an easy thing to get approved, just so you know. There has to be a bonafide hardship

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          • #6
            Thanks elina and 4now for the replies,

            She's single and no kids. Both her parents are USC and living in the US. One of them petitioned for her but I'm not sure which one. She also has siblings that are USC.
            She enter on a visitors visa and overstayed.

            I told her she most likely needs a waiver before she starts processing at the US Embassy, but I notice there are more than one waiver forms. So for sure it's the I-601?

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            • #7
              does I-130 was appoved?
              After she has to file I-485(application for pemanent resdent an after I believe waiver goes if petition doesn't approved
              How old is she by the way?

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              • #8
                Her I-130 was approved years ago. I don't think she'll be doing the I-485 route cause she's outside the US and most likely will be doing the Counselor Processing.
                She's already an adult child (over 21). I don't know her actual age. Should I ask? hehehehehe.

                I just saw the waiver form I-601 and it has to do with medical stuff. You sure this is the correct one?

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                • #9
                  get some more info.what she has and what she doesn't.
                  For sure she has to get her medical.Usually it supposed to be special clinics ,which consulate sends.She has to have all her vactinationbe done starting from chidhood.She has to go and see her pediatrician.The best way they(parents and chilren) should cooperate
                  look on the immmgration forms.there is very good explanation.read the 212 ina,

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                  • #10
                    Yes I know she'll have to do all those documents(medical, etc). My question is which waiver form does she need to fill out first before processing those documents?

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                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by -Delta-:
                      Yes I know she'll have to do all those documents(medical, etc). My question is which waiver form does she need to fill out first before processing those documents? </div></BLOCKQUOTE>

                      It is I-601. The form itself is not a problem to fill out. She needs a good letter explaining the extreme hardship that will be caused to her parents if she can't return.

                      I am not sure to which "those documents" you are reffering, but normaly one does medical, gets police report etc, as required for the interview, then gets denied for overstay during the interview and is advised to file a waiver (if eligible). So, the waiver comes after the denial.

                      How long ago your friend left the USA? Is her priority date close to be current?

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                      • #12
                        Sorry for the delay...really long weekend. Anyway....

                        The "those documents" that I was referring too are the medicals, police reports and etc. But I thought the waiver needs to be filed and approved BEFORE the starting of the CP. Or am I wrong on this chronological order?

                        She left the US in the middle of 2000, and of course hasn't gone back since. And I'm not sure when her priority date becomes current, but she mentions it's coming up soon.

                        Also, I checked the instructions for form I-601 and it mentions mainly diseases such and TB, etc. Where in the form do we mention the overstay? (then again, I only skimmed the instructions, didn't really read thru the whole form)

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                        • #13
                          I guess I should have read the actual form itself....my apologies .

                          So part 10 of form I-601 will be entered "Overstay"? Or leave that as "N/A"?

                          Also, shouldn't the waiver be filed first?

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                          • #14
                            wouldn't the overstay be pardon if i130 filed before april 2001?

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                            • #15
                              But she's outside the US. She still would get hit with the 10/year ban right?

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