WAIVER

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

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.

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.

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

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

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