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I-601 - embassy letter

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  • #46
    I see that a waiver of inadmissability is quite popular. That's including my case ofcourse. Many of us or our spouse had made mistake without thinking of the reprocusion when the violation was committed. I did my due dilligence in this matter and found so many articles and items relating to this matter. At some point, I have come into an article that INS(BCIS) themselves contradicts their own guidlines.

    Some thoughts on Elian Gonza***

    The entire United States, as well as the rest of the world, were captivated and mesmerized over the INS's raid on the home of Elian's Gonza*** Miami relatives, in order to reunite the little boy with his father. Talk shows, news reports, and front page newspaper stories of this event overshadowed all the world events, with people having different opinions and taking different positions concerning INS's actions.

    For this purposes of this post, I express no opinion and take no position concerning the rationale or justification of INS's action. However, here are some obeservations concerning these events, which may ultimately benefit immigrants as a result of Elian's affair:

    FAMILY SEPARATION CAUSES EXTREME HARDSHIP
    Atty General Janet Reno declared from the outset that "THIS BOY BELONGS WITH HIS FATHER". Indeed! the raid on the Miami relatives home by the armed Federal agents was conducted so that the INS could reunite this child with his parent. Therefore, the Atty. General of the United States has declared, in the strongest possible terms, the "EXTREME HARDSHIP" that results from a family being separated. The examples and position taken by the Atty. General of the United States concerning the pain and anguish caused by family separation, is invaluable in other areas of immigration law.

    For Example, if a person makes a certain misrepresentations(i.e. assumed name entry, photo substituted passport, falsified Visa...etc), they are ineligible for a Visa, unless they can establish "TO THE SATISFACTION OF THE ATTORNEY GENERAL"(JANET RENO) that the refusal or grant a visa or green card would result in "Extreme Hardship" to the alien's spouse or parent who is a citizen or green card holder. Many Aliens sought to obtain this "Fraud Waiver" by demonstrating the hardship on these qualifying relatives, caused by the potential family separation. However, some INS officer took the position that "mere separation" is not enough to constitute "extreme hardship".

    However, Atty General Janet Reno ordered armed Federal officials to raid the Miami relative's home, so that this child could be reunited with his father. She obviously believes that family separation DOES cause extreme hardship. and she took the measures to avoid family separations. In Elian's case, the father was separated from his son for about 5 months. Denial of Fraud Waivers by INS officers would sometime result in a lifetime separation. Therefore, Atty General Janet Reno(INS Boss), believes family separation causes extreme hardship.
    After the raid on the Miami relative home, Various republican congressional leaders strongly criticized the clinton administration over what they termed "strong-arm" enforcement by the INS. However, it was these very same republicans who, in 1996, spearheaded and passed the Illigal Immigration Reform and Immigration Responsibility Act(IIRAIRA) of 1996. This was one of the most harsh changes in the immigration law, eliminating various forms of waivers(or forgiveness), limiting the scope of judicial review of INS actions, permitting summary/Expedited removal(deportation) of certain aliens by INS, retroactively applying certain laws to crimes committed years ago, etc.

    In other words, the republicans had, in the past, taken a very tough and harsh approach to immigration enforcement. We should hope that as a result of the Elian's Gonza*** affair, republicans and Democrats will lead the way in amending or changing many of these harsh laws from IIRAIRA.

    Comment


    • #47
      Angeleyes,
      That was a very interesting article, it just makes me wonder how discretionary immigration can be.

      Spouse, my email is axfl@yahoo.com
      Thanks.

      Comment


      • #48
        if you are dealing with i-601 outside the unitred states can you appeal if i-601 deny outside the states?

        Comment


        • #49
          1974sns,
          Yes, you can appeal for the denial to the BIA in Washington.

          Comment


          • #50
            THANKS FOR THE RESPONSE. MY CONGRESSMAN OFICE FOUND OUT FROM EMBASSY THAT MY HUSBAND'S CAS IS PENDING CURRENTLY( IT IS PENDING THERE FROM LAST 14 MONTHS) AND THEY ARE EXPECTING TO BE DONE WITHIN 60 DAYS. 5 WEEKS ARE ALMOST PASSED AND HOPING FOR POSITIVE ANSWER.
            THANKS

            Comment


            • #51
              1974sns, would you please let us know about the outcome of your I601 or appeal? There is a lot of people on this board that are dealing with the I601, I am one of those. I am getting ready to file it in a few months.
              Thanks.

              Comment


              • #52
                ya, sure i will. i hoping for the positive. i hope god hears my prayers.

                Comment


                • #53
                  Hi. Just a strange tidbit of information that I thought I would share with you all. We filed our I-212 and I-601 at the US consulate in my husband's country. I was originally told that the I-212 would be sent to the DOE... but now they are telling me that they are going to process them simulatenously at the Consulate here.

                  Does this sound right???

                  Comment


                  • #54
                    I need info on i-601 hiv waiver:

                    when the medical form goes to the INS, they send it back to the Consulor in Belgium.

                    Is this when we have an interviw and present the health insurance

                    Comment


                    • #55
                      I am not familiar with the I-601 for AIDS and do not know if the process differs from that of an overstay. However, we scheduled our interview, and showed them the medical report at that time. We were also told we were denied at that time (as we had expected!)

                      Good Luck!

                      Comment


                      • #56
                        wsdii,
                        Hi, I agree with spouse, i would think that it will be the same as a regular I601, which should be requested by a consular officer for you to file it. As for and interview, at that point is when they would request it from you. But you should have also submited your medical records by then. Sorry I can't be any more halp. I am dealing with the I601 because I overstayed my visa. Good luck!

                        Comment


                        • #57
                          Hello, I am new and have been reading the posts re: the I601. Does the attorney file the 601 and 112 from the US or does the foreign spouse file them at the Consulate?

                          After filing the form, any idea on the timeframe for a decision?

                          Thank you very much!!

                          Comment


                          • #58
                            Does anyone know of a website that posts the processing times of the 601 waiver?
                            Shortsale Hardship Letter
                            american car insurance

                            Comment


                            • #59
                              hey Lost, why did you overstayed your visa? because you are a cheater, a liar, and a criminal. Why didn't you follow the rules and regulations? what makes you think that we owe you something? better get the h.e.l.l. outta here and take you husband with you. TAKE IT S12 and FEDERALE86.

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