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BizMatters
BizMatters, Lawyer
Category: Immigration Law
Satisfied Customers: 1132
Experience:  JD -NYS Bar
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IF SOMEBODY HAS AN APPROVED FORM I-30, AT WHAT STAGE DOES THE INDIVIDUAL FILE FO

Customer Question

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Submitted: 7 years ago.
Category: Immigration Law
Expert:  Thomas K. Brown, Esq. replied 7 years ago.
What's the rest of the question?
Customer: replied 7 years ago.

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

SINCERELY,

Customer/p>
Expert:  BizMatters replied 7 years ago.

Dear ODADY,

 

What is your home country?

 

In what country are you now physically located?

Customer: replied 7 years ago.
I AM NOW IN CANADA AS A RESIDENT. FOR MORE THAN THREE YEARS.
Expert:  BizMatters replied 7 years ago.

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.

BizMatters, Lawyer
Category: Immigration Law
Satisfied Customers: 1132
Experience: JD -NYS Bar
BizMatters and 2 other Immigration Law Specialists are ready to help you
Customer: replied 7 years ago.

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.

Expert:  BizMatters replied 7 years ago.

Because the waivers take so long to process, you can apply for it now. Take the receipt notice with you to any interview.

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