Ask an Immigration Lawyer. Get an Answer ASAP.
I HAVE AN APROVED FORM I-130, FORM 864 HAS JUST BEEN FILED, I WANT TO KNOW AT WHAT POINT DOES AN INDIVIDUAL APPLICANT THAT REQUIRE FORM 601 BASED ON PAST CONVICTIONS MORE THAN FIFTEEN YEARS AGO FILE FORM 601; DOES THE WAIVER GO WITH THE VISA APPLICATION FORMS, IF NOT WHEN IS THE FORM FILED? SECONDLY IS THERE ANY OTHER WAIVER THAT AN INDIVIDAUL WHO LEFT ON HIS OWN AFTER A REMOVAL NOTICE, BUT ILEGALLY ENTERED AGAIN LESS THAN ONE YEAR AFTER DEPARTURE, BUT STAYED LESS THAN SIX MONTHS BEFORE HE WAS GRANTED VOLUNTARY DEPARTURE, I NEED TO KNOW THE PROCESS FROM HERE ON OUT, THAT IS ASSUME THAT I HAVE AN APROVED I-130, I HAVE FILED FORM 864. I NEED TO FILE FORM 601, WHEN CAN I FILE THIS FORM 601, IS THERE ANY OTHER WAIVER, I NEED TO FILE, CONSIDERING THAT I LEFT ON MY OWN EXPENSE WHEN I ENTERED ILEGALLY AND WAS ARRESTED, DETAINED FROM MAY TO OCTOBER 2005. IF NEED BE I CAN BE REACHED AT XXX-XXX-XXXX. MY NAME ISCustomer
What is your home country?
In what country are you now physically located?
What will happen is:
1. When the I-130 is approved, the National Visa Center will forward it to your nearest consulate or the one indicated in the I-130 petition.
2. You will be notified of the receipt of the I-130 along with a packet of forms and instructions, and an interview appointment date.
3. You will be filing your petition to enter the U.S. as an immigrant. Once you complete the forms in the packet you will report to the embassy for your appointment.
4. At th interview, they will determine if you need the wavier and which waiver to use. In your situation, I agree that it will be most likely a 601 waiver for inadmissibility. The embassy will give you the form to complete, and it will be submitted at the same time as you petition to immigrate.
However, further action on the petition to immigrate will not be completed until the results of the waiver.
Waivers take between 6 and 18 months to process.
l have approved 1-130, and has applied for visa but have not received response on my application for immigrant visa, l was told that i need to file form 601 waiver, my question is it better to file for form 601 now, so that the time of approval starts tolling, or wait for the interview date to file the form 601. what is the best option for me. l have all the documents l need. someone please help me.
Because the waivers take so long to process, you can apply for it now. Take the receipt notice with you to any interview.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).