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  • WAIVER

    can anbody help me to understand what WAIVER means in INS term? And in What situation one should apply for WAIVER? Is there different type of WAIVER need to be filed for different cases?
    What is the approval rate for WAIVER?

    Thanks

  • #2
    can anbody help me to understand what WAIVER means in INS term? And in What situation one should apply for WAIVER? Is there different type of WAIVER need to be filed for different cases?
    What is the approval rate for WAIVER?

    Thanks

    Comment


    • #3
      A waiver is necessary when there is something about a person that would not normally allow them to enter the United States within a certain time period. An example of this is if someone has overstayed their visa by more than 6 months, or someone has been deported.

      These result in bars from the united states for periods ranging from 3 - 10 years. Waivers are also necessary for people who have certain medical conditions.

      Many of these waivers have different requirements. Many waivers may be filed when a person is married to a United States Citizen (USC). Two of the most common waivers (I-601, I-212) require you to provide evidence of hardship to the USC.

      Different cases have different available waivers (i.e. deportation = I-212, overstay = I-601) and also have different approval rates (My husband and I are currently filing both, and I have heard that the I-601 is more difficult to receive approval on than the I-212.)

      I hope this is somewhat helpful. Feel free to ask any more questions, and we will do the best we can to answer them

      Comment


      • #4
        There are several types of waivers: I-601, Waiver for grounds of excludability , I-602 waiver used if you have communicable disease, I-612 waiver of 2 year residency for J-1 visa. During your AOS interview you need to bring your I-601 or 602. You will be asked by the IO to submit one if you are inadmissable but I think they will let you know after the interview. If you have one ready then submit it but never ask IO that you want to submit one. Let them decide if your case needs a waiver. If you don't have one with you , the IO will give you the form and mail it back to them if ready.

        Comment


        • #5
          I stand corrected with my previous posting re-waiver. I-602 is for refugee's waiver for grounds of excludability and I-690 is for humanitarian or family unity/ tuberculosis, mental illness and other communicable diseases.

          Comment


          • #6
            Brownfox,

            My wife and I (USC) have a case that may require a Waiver (I-601). We asked Mohan about our case (ps. thanks again you if you are reading this post), and he said that there was no way of knowing until you get to AOS interview because different Immig Officers view the law differently.

            A little about our case: I am a USC who married my wife in Central America in 5/02. She has a B1/B2 visa and has been in and out of the US for business and travel for many years (thats how we met). Well, I was under the impression that it would be fine to come together from our honeymoon and apply for AOS once we got here and that's exactly what we did. I didnt know that this would cause any problems with INS, but its too late now.

            We applied for AOS in 7/02 in NYC office and she got EAD in 11/02. It sounds like it will take approximately 18-24 months until we get AOS interview at this office.

            After reading other posts about I-601, I am concerned because I know that it is a hard thing to prove extreme hardship, but I was going to wait until AOS interview and see if it was needed.

            Do you really think I should start to prepare the form with all the required documentation, or should I wait until AOS interview?

            Many thanks in advance,
            Anonymous NYC

            Comment


            • #7
              Well,
              I'm real mohan I don't recall telling anyone that There is no way, of knowing if One need waiver or not?.
              Did You ask me ? when?
              Are U sure? I dont think It was Me..You should have ask writing me into my mail box.
              I don't answer just like that before asking whole case history..Just to let you and all know.

              Comment


              • #8
                What's your email and Ill write you the whole story. If you remember, I asked you about a couple that you knew who had left the US, got married and applied for AOS. They didnt need waiver at the time and you said it was because some Immig. officers view the law differently.
                (I hope it was you who responded)

                Thanks again,

                AnonymousNYC

                (PS Sorry that people have been using your name, but it is nice to see you back)

                Comment


                • #9
                  thanks to spouse, brownfox, anonymousnyc & mohon for joining me here on WAIVER issue. i orginginally asked this because i am about to abondon my pending LIFE/Lulac because i need to go abroad and because it's an emergency i don't have time to apply for advance parole. my question is: do i have to withdraw my appication before i leave? what happens if don't withdraw? will i be barred (3/10) from coming back here? do i have to file for WAIVER if i intend comeback here with TN or H1 visa?

                  Comment


                  • #10
                    Don,t leave without applying AP. Just apply and leave, give address of your relatives, friends who can post you the approval at wherever you are leaving to.
                    Or give signed form to your attorney and let him apply for you, and contact him laterZ to get approval letter.

                    Comment


                    • #11
                      Thanks MOHAN,

                      Actully i am kind of frustrated with LIFE/Lulac, i did not find a single success story with i245. may be it's easier to seek GC trhu employment and since i am also a CANDIAN citizen i can apply for TN. but i am not sure it will require me an WAIVER since i am abondoning my LIFE/Lulac. Please adivise!

                      thanks again

                      Comment


                      • #12
                        I hate to bother, but it would be helpful to know if
                        (a) I need a waiver
                        (b) If I should start preparing the waiver even though I will have approximately 17 months left for AOS appointment in NYC

                        If you need my email its juanbosch@yahoo.com, or tell me yours and Ill write you.

                        Thanks again,
                        AnonymousNYC

                        Comment


                        • #13
                          anonymous,

                          why do you say that the AOS will take approximately 18 months ..did they tell you that or did you already got an appointment date for yr interview in 18 months ??
                          SOmeone just posted about an AOS approval which apparently took only 7 months !!!!
                          THANK YOU

                          Comment


                          • #14
                            Every INS officer takes every case differently. I'm not sure with your situation though, if you lied to them that your wife wasn't married to you at that time, then they might get back to you during AOS interview. You'll never know if your wife is inadmissable or not until after interview. They will let you know if you need one but never open this unless advised.It's your decision to make a waiver now and present it if AOS is denied, but make sure it's a good one. As I mentioned don't give this I-601 to IO unless they ask for it.

                            Comment


                            • #15
                              Hopeful,

                              The reason I am estimating 18 months is because from what I hear from people or have seen on every website regarding the New York City INS office (Estimated times for AOS processing is 18-24 months)

                              Brownfox,
                              I dont feel comfortable stating the whole story on this board (maybe its my New York paranoia) and I would like to run it by someone because I hear conflicting information. I dont want to get a lawyer if I dont need one! However, thanks for your reply. Who would be a good person to ask, since I havent seen Mohan around?

                              AnonymousNYC

                              Comment

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