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  • #16
    Jake, there's a light at the end of the tunnel. I heard that it's at the embassy/consulate's discretion to ask for a waiver.

    Usually it happens during an interview, consular officer (depending on the circumstances he might not) confirms alien's inadmissibility and advises to file for a waiver (form I-601).

    The problem is this waiver is VERY hard to get approved. You have to demonstrate EXTREME hardship to your USC spouse, child or parent.

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    • #17
      to OK...first, a waiver using the I 601 is not at the discretion of the embassy - filing of that paper can only be done by the USC/LPR spouse. It does not apply to non immigrant visas. If the immigrant visa sought is based on employment, there is NO waiver.
      Consuls do have a lot to say about non immigrant waivers - but the applicant is qualified in all other respects, they are entitled to ask for the waiver. But the embassy gets to decide whether they agree or not. Both waivers go to INS (or BCIS now) for the final say.

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