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When to file I-601 (Ciudad Juarez)

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  • When to file I-601 (Ciudad Juarez)

    Must one wait until after the visa has been denied to file the I-601? Could we just file it right along with the visa application to save time?
    Have a nice day

  • #2
    Must one wait until after the visa has been denied to file the I-601? Could we just file it right along with the visa application to save time?
    Have a nice day

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    • #3
      I-601 can only be filed when asked by the consulate. You cannot file ahead. What makes you think you need to file?

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      • #4
        Because my husband entered illegally and has been here illegaly for over 4 years.
        Have a nice day

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        • #5
          Gluhbirne,

          You have to wait until the visa is denied before you can file the I-601. The only thing you can do to save a little time is have it all ready to turn in the day of the interview if you know you're going to need it.

          Esperanza

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          • #6
            Thanks Esperanza :-)
            Have a nice day

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            • #7
              whatever I have to say has already been said!!!!

              While waiting for the inteview, just make the very best waiver you possibly can (and never completely trust it to any lawyer!!)

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              • #8
                [transcript from visalaw.com]

                Waivers to the bars are eligible for immigrant applicants if they are the spouse, son or daughter of a permanent resident or citizen (interestingly, a parent of a US citizen or permanent resident is not included) and the enforcement of the bar would cause an extreme hardship to the citizen or permanent resident.

                The problem with waivers is that there is very little guidance on how to file these applications. Neither the INS or the State Department have provided any real guidance. American Immigration Lawyers Association Members Carlina Tapia-Ruana and Royal Berg recently published an article in AILA's monthly magazine which addressed some of these issues. In cases where someone has left the country and is subject to the reentry bar, then an application should be filed with the US Consulate. The procedure should be similar to applying for a waiver of any other type of ground of exclusion and Form I-601 should be used. Where an applicant is applying for an immigrant visa from within the US through adjustment of status, the waiver application should be filed with the adjustment of status application. It is not clear, however, whether applicants should use Form I-601 or Form I-212 or simply request the waiver in writing. Since the bars only apply to people trying to reenter the US, the bars will mainly affect adjust of status applicants seeking advance parole to leave the US while the permanent residency case is pending.

                As far as when to file the waiver application, existing rules for I-601 waivers state that a waiver application should not be submitted to a consulate until the consular officer makes a determination that the alien is excludable. This means that one cannot apply for the waiver until the actual application of admission as a non-immigrant or immigrant is made. On the other hand, I-212 waivers can be filed at any time. Tapia-Ruana and Berg conclude that the more liberal I-212 approach should be taken both at the INS and at a US Consulate since it will be clear in many cases that the bar applies.

                Now that Section 245i of the Immigration and Nationality Act is not available to many immigrant visa applicants, applications to waive the three and ten year bars should become much more commonplace.

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