DREAM Act Portal Forum - Official I-601A Thread

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Official I-601A Thread

I know there are people in the forum who are in the process or plan on applying in the future. I plan on starting my AOS process next week.

What is I-601A Waiver?
Certain immigrant visa applicants who are relatives of U.S. Citizens or Lawful Permanent Residents (LPRs) may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act Section 212 (a)(9)(B), before departing the United States to appear at a U.S. Embassy or consulate for an immigrant visa interview. For more information see the Provisional Unlawful Presence Waiver web page.

Here is a good website for information about I-601A Wavier
http://www.visalaw.com/abcs-of-immig...sional-waiver/

I entered without inspection when I was 12. Renewed DACA twice and current one will expire around middle of 2019.

Summary of the process provided by Demise.

Quote:

I-601A waiver. This one does require you to depart. Requirements are as follows:

1. You have an approved visa petition with a current priority date.
2. You have a USC/LPR Spouse or Parent that would suffer extreme hardship if you were forced to depart for 10 years.
Now note: Sponsor and petitioner need not be the same, so you can use a relative to get a visa under a petition filed by anyone else, or even via DV lottery.

The procedure is simpler. You pay the DOS IV fee. You file I-601A with two hardship letters (one from your spouse explaining the hardship she will face), one from yourself that's more of a statement of facts as to why you need this thing, how you met your spouse, ending with some statement where you ask that your waiver be granted.

Now there are 4 fields to focus on the hardship:
1. Emotional
2. Financial
3. Medical
4. Inability to reunite in your country of birth.

1. Emotional is simple but relatively weak. You basically state how much you mean to one another, you mention any kids you may have, may even mention pets if all else fails.
2. Financial - this one is a bit better especially if you are the sole provider or your income is needed by the family. Bonus points for kids.
3. Medical - this one is simple, spouse/children have some medical issues that need attention and its best to seek that in US.
4. Inability to reunite in your country of birth. Here the factors to consider are: Low standard of living, lack of close relatives, high crime an d poverty rates, spouse not speaking the language, racism, etc.

Now note this: Only hardship to your spouse matters here, however, hardship to your children or even to yourself can be used, the thing is - you spin it as hardship to your spouse. How? Be create and draw dotted lines. Have kids? Now your spouse is basically the sole provider that has to take of them on your own. You come from a shitty country? Your spouse has every right to worry about you and not want to move to place where gangs roam the streets or he/she can get beaten up by hoodlums due to wrong skin color (different ethnic backgrounds definitely help). Medical reasons - same thing really, especially if the spouse/children depend on you for support or for insurance or medical care abroad sucks.

Now aside the two documents you should include anything you think helps?
Have kids - add birth certificates. Spouse/child has a medical condition - add a medical record. Your country sucks? Find the DOS country status report and any articles that push the narrative that reuniting there isn't worth it. You can also add some pictures but for the most part these aren't too important.

Now, you should ask: But what if my spouse has someone to fall back onto if I go poof? Well, omit those parts. Remember, you control the narrative, USCIS doesn't interview for waivers, they won't bring you in to question every single line you both have written. If your spouse has parents that'd let them and the kids stay for as long as necessary - omit their existence. Don't lie, just don't mention it. Say what advances the case and shut up, don't find some plan Bs and Cs for your absence because you're proving to not be indispensable.

Regarding any other evidence: If it's not immediately relevant don't bother with it. So don't bother collecting letters from priests and whatnot.

So I-601A is filed, you sit on nails for a few months, approval comes now what. Well USCIS will notify NVC to schedule a consular interview abroad. You will get a letter asking for a shopping list of evidence that the NVC wants. Nothing too major. Documents have to be translated into English or in Language of the country the interview will take place. Send it in, you'll get a date, you have to depart, go attend the interview, get your IR-1 visa, and come back to US.

Re: Official I-601A Thread

Hello! My wife and I just submitted our petition this month, with lawyer's help.

We submitted the I-130 & I-130A.

I believe the next steps will be:
- Wait for I-130 to get Approved
- Pay for DS-260 and File I-864
- File I-601A
- Wait for I-601A to get approved
- Go to consulate appointment (abroad)

See:
https://travel.state.gov/content/vis...d/contact.html

Good luck to both of us!

Re: Official I-601A Thread

My husband and I are getting ready to submit paperwork for the waiver with the help of a lawyer. I am a little nervous but staying positive. We do not have any children and he is not gravely ill so it may be a little more difficult for us to prove extreme hardship :?.

Re: Official I-601A Thread

Desperate times call for desperate measures.

Re: Official I-601A Thread

I'm already in this process...... got an I-130 approval in 2013 so we've recently filed the I-601A. It is so important to have a good lawyer that knows what they're doing with these waiver request. Hopefully we'll get an approval soon and the rest of the process will go smoothly. Last resort is to wait out my wife becoming a USC which will be sometime towards the end of 2018. Been a long road but staying hopefully.

Re: Official I-601A Thread

Quote:

Originally Posted by JohannBernoulli1667 (Post 648276)

Desperate times call for desperate measures.

The desperate times are more Real ID implementation and expansion of ICE as the years go by.

Still, I wonder why no lawsuits have challenged the very interpretation of how USCIS is renewing applications. I am sure a crafty lawyer could get a different interpretation of what the President meant by "six months".

Re: Official I-601A Thread

Already started working on the waiver with my jobs lawyer and LPR father who recently had a stroke. My job is in the process of sponsoring me throug EB3 visa. Im nervous because many things have to go right but excited to have some hope

Re: Official I-601A Thread

Already self-filed. Wish me luck guys!

Re: Official I-601A Thread

Quote:

Originally Posted by Alby (Post 648359)

Already self-filed. Wish me luck guys!

Wow you're bold.....wishing you the very best!

Re: Official I-601A Thread

Sitting around waiting for my I-130 to be approved. Of course I had to have an interview due to a prior removal order.

If that gets approved then it's getting a closure/termination on the proceedings and I-601A.

Re: Official I-601A Thread

Quote:

Originally Posted by Alby (Post 648359)

Already self-filed. Wish me luck guys!

Best of luck to you! Keep us updated!

Re: Official I-601A Thread

Quote:

Originally Posted by Alby (Post 648359)

Already self-filed. Wish me luck guys!

That's awesome! Good luck!

You seem to be further down in the process. Can you post your timeline?

Re: Official I-601A Thread

Quote:

Originally Posted by Yume2015 (Post 648272)

A good lawyer can look at your situation and give you a good sense of how to prove "extreme hardship." Which by their definition is a summation of several factors like financial stress, emotional stress, mental stress, physical stress etc... You don't have to have one GRAND factor. Wishing you the very best!

Re: Official I-601A Thread

Great thread. I am almost done putting together our I-130 package, but worried about the I-601A.

Re: Official I-601A Thread

I had my I-601A approved about a month ago. I am waiting for my appointment with NVC in Juarez. Has anyone had their interview in Juarez? Can anyone provide any tips with the process there?

Re: Official I-601A Thread

Quote:

Originally Posted by martin88 (Post 648428)

I had my I-601A approved about a month ago. I am waiting for my appointment with NVC in Juarez. Has anyone had their interview in Juarez? Can anyone provide any tips with the process there?

That is awesome! Congrats!

Couple of quick questions if you don't mind.....

1. Were you processed through NBC?

2. How long did it take from submission to approval?

Re: Official I-601A Thread

Quote:

Originally Posted by martin88 (Post 648428)

I had my I-601A approved about a month ago. I am waiting for my appointment with NVC in Juarez. Has anyone had their interview in Juarez? Can anyone provide any tips with the process there?

Check out:
http://immigrate2us.net/forum/showth...-for-2014-2015

That thread is full of posts from people posting their experiences for their interview in Ciudad Juarez

Re: Official I-601A Thread

Just an FYI. For those of you doing I601 and using your employers attorney to do that, be very careful. This is usually not their area of expertise. My lawyer was great for all employment related filings but when it came to the I601A waiver they fucked up. They marked I'd AOS in the I140 and thought I'd do an I601 waiver instead of going through consular processing. This is because they thought
DACA conferred lawful status, and figured I could AOS. So my application is most likely gonna get delayed 3-6 months because they had to send another form to correct that.

Be on top of your shit and ask them for the I140, so you can verify everything is correct before they send your application.

Re: Official I-601A Thread

Quote:

Originally Posted by dreamer01100101 (Post 648467)

Yeah, they need to do I-824 to send the case from USCIS to NVC. Not a huge delay but still.

Re: Official I-601A Thread

Quote:

Originally Posted by dreamer01100101 (Post 648467)

My lawyer is fantastic. He has done waivers in the past, although he admits he is a bit rusty. He obviously knows that I would need to go through consulate processing, etc.

Re: Official I-601A Thread

Quote:

Originally Posted by Marshall (Post 648442)

That is awesome! Congrats!

Couple of quick questions if you don't mind.....

1. Were you processed through NBC?

2. How long did it take from submission to approval?

Thank you
I applied for the waiver in May and it got approved in September.

Re: Official I-601A Thread

According to stats the conversation rate is pretty good in with I-601A.

You still have to prove 'extreme hardship' to the USC right?

How long do you have to stay in your home country for interview and what if the case is denied there?

Re: Official I-601A Thread

Quote:

Originally Posted by DACA-IR-DA (Post 648657)

I think it's usually a couple of days but shouldn't be more than a week. If the case gets denied there, you are pretty much screwed as the consulate decisions are final and you can't appeal.

Re: Official I-601A Thread

Quote:

Originally Posted by Marco956 (Post 648660)

I think it's usually a couple of days but shouldn't be more than a week. If the case gets denied there, you are pretty much screwed as the consulate decisions are final and you can't appeal.

That is a huge risk unless you and/or your lawyer has no doubt. This would be a life changing event as you are stuck for at least 10 years because of the bar. There is a process to appeal to return to USA but no guarantees.

Re: Official I-601A Thread

If you have a clean record what are the chances of getting denied?

Re: Official I-601A Thread

Quote:

Originally Posted by Marco956 (Post 648660)

I think it's usually a couple of days but shouldn't be more than a week. If the case gets denied there, you are pretty much screwed as the consulate decisions are final and you can't appeal.

Quote:

Originally Posted by martin88 (Post 648672)

If you have a clean record what are the chances of getting denied?

As simple as this question sounds. I would ask this to your lawyer.

Re: Official I-601A Thread

Quote:

Originally Posted by DACA-IR-DA (Post 648663)

Well, the i-601a is so you don't trigger the bar. I've been told that as long as you disclosed everything and the application was accepted, you should be okay for the interview abroad.

Re: Official I-601A Thread

My check for I-130 was cashed yesterday. Now the waiting game begins. Hope it takes less than 6 months.

Re: Official I-601A Thread

I am also hoping it will take less than 6 months. Below is my timeline so far:

I-130 filed -- 10/16/2017
NOA1 -- 10/27/2017
NOA2 -- ????

Re: Official I-601A Thread

My I-130 was approved in 9 months. Best of luck to you guys!

Re: Official I-601A Thread

hello, I have a question, hoping someone can maybe help me out.
In order to apply for this you have to show proof that your spouse will be in financial hardship without you?
I just married my partner and his business does pretty well and he owns several income properties.
I came here when I was 4 EWI and renewed DACA twice, I too myself do pretty good as a Real Estate agent in CA.
I guess questions is, is this waiver based on financial hardship or just anyone?

Re: Official I-601A Thread

Quote:

Originally Posted by javeeboy (Post 654875)

There are basically three prongs to hardship:
1. Financial
2. Emotional
3. Medical

You can argue emotional separation (bonus points for kids), and medical if he suffers from any conditions, even if it's a civilization illness like high blood pressure, asthma, or depression. If you can argue something as hardship then go ahead and do so. You can always present a shopping list of reasons and maybe something will be compelling enough to grant the waiver.

Re: Official I-601A Thread

Quote:

Originally Posted by Demise (Post 654880)

Yikes, ok.
Not sure any of those really apply. Guess I should find a lawyer who specializes in these for further advice.

Re: Official I-601A Thread

Quote:

Originally Posted by javeeboy (Post 654885)

Yikes, ok.
Not sure any of those really apply. Guess I should find a lawyer who specializes in these for further advice.

Basically they will mill you for any factor you can use.

Do you have a LPR/USC parent by any chance? Those can also be qualifying relatives, not just a spouse.

Re: Official I-601A Thread

Quote:

Originally Posted by javeeboy (Post 654885)

Yikes, ok.
Not sure any of those really apply. Guess I should find a lawyer who specializes in these for further advice.

Apply for I-130 first, then work on the hardship reasons while you wait.

Re: Official I-601A Thread

Quote:

Originally Posted by Yume2015 (Post 654868)

My I-130 was approved in 9 months. Best of luck to you guys!

They seem to be taking longer and longer. I guess more people are applying.

Re: Official I-601A Thread

Quote:

Originally Posted by Demise (Post 654888)

Basically they will mill you for any factor you can use.

Do you have a LPR/USC parent by any chance? Those can also be qualifying relatives, not just a spouse.

I don't unfortunately.
My other thought was to wait and see what congress does (I'm very optimistic they'll pass DA). Assuming they do, get my green card through that and then apply through my partner to remove provisional green card status and help speed up the citizenship process, although I'm not in a hurry to become a citizen. Not sure if that's even possible or would make sense.

Re: Official I-601A Thread

Quote:

Originally Posted by Demise (Post 654880)

Demise,

For financial hardship, would it work if USC spouse is a student? My sister is married to a USC and he’s a medical student (the program does t allow him to work) Just started the program this August. Anyways, she’s currently the sole provider of the household and he has student loans for the school portion. Could they argue financial hardship on this basis?

Re: Official I-601A Thread

Quote:

Originally Posted by FinAnalyst (Post 654920)

Yeah being the sole provider is a valid reason.

Re: Official I-601A Thread

I also filled for the i130 my wife is a usc and I use AP to travel, what should be my next step since I only filled the i130 for the lack of sponsors since my wife doesn’t work ? Thanks