iam out of the us in my country i just got an approve i130 whats the next step..i also put in a i601 wavier for being denied entry for working illegally i am ban for 5 years what are the chances of the wavier being approve or since my i130 was approve does the wavier make a difference..thanks in advance
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iam out of the us in my country i just got an approve i130 whats the next step..i also put in a i601 wavier for being denied entry for working illegally i am ban for 5 years what are the chances of the wavier being approve or since my i130 was approve does the wavier make a difference..thanks in advance
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I-130 and I-601 (212) waiver have different purpose. The first one is to establish the relationship (wife, parent, child) between the petitioner and the beneficiary. Approved I-130 means, to put it simply, that the petitioner can legaly bring you to the US as an immigrant.
After I-130 is approved, it is determined if a beneficiary is eligible for immigrant visa (medical, police record ...). Since you are baned for 5 years, you are not eligible for immigrant visa (I assume 5 years are not up yet). Now, you have to give a very good reason and proofs why should consulate approve you to immigrate to the US despite the ban. That's what the waiver is for. By it, you are asking to be "forgiven the remaining ban" because otherwise the petitioner will suffer "extreme hardship".
The chances of the waiver being approved depend on the hardship your petitoner would suffer, documentation of it, and presentation...and to some extent, on your consulate.
So, yes, the waiver makes a difference. Without the approval of it, you can't get an immigrant visa before 5 years are over.
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<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by someone:
iam out of the us in my country i just got an approve i130 whats the next step..i also put in a i601 wavier for being denied entry for working illegally i am ban for 5 years what are the chances of the wavier being approve or since my i130 was approve does the wavier make a difference..thanks in advance </div></BLOCKQUOTE>
You will need to file for I-601 as see if the USCIS will approve it. There is an attorney in TX who specialized in these kinds of cases. His website is: visacentral.net He seems to be very very good. I'd advise you to join him for a free advise on Wednesday at 11 Central time, chat with him for free on his website and ask all your questions.
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