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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24407
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Beneficiary(husband)(entered U.S. w/out inspection) filed

Resolved Question:

Beneficiary(husband)(entered U.S. w/out inspection) filed his I-130 and I-485 and I-485-A (under 245-i)) supplement paid additional $1,000 to have his interview inside the U.S.. His I-130 got approved but his I-485 was denied, apparently his father did not file a visa petiition for him when father obtained his legal residence before 2001.The Now he is willing to have interview outside U.S.(Mexico) and would like to apply for "provisional waiver" benefit before going to the interview.
1) what
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Business Imm Law :

He has to file an I-824 to have his petition sent to the NVC and he has to pay the visa fee before he can file the I-601 and I-601A

Business Imm Law :

How old was he when his father's petition was filed and was his name included in his father's petition?

Business Imm Law :

Who sponsored his father?

Business Imm Law :

hello?????

Customer:

He was around 10 yrs. old when his father filed petition to legalize his status under the 1986 amnesty.

Business Imm Law :

OH, ok

Customer:

and he was listed as one of his father's children but thereafter no formal visa petition wasw filed on his behalf.

Business Imm Law :

the son could not be a derivative beneficiary of an amnesty petition

Business Imm Law :

correct, a petition had to have been filed by the father for the son

Business Imm Law :

do you have any additional questions about the I-601 and I-601A. They cannot be filed until he has paid the visa bill for the consulate processing

Customer:

his denial letter denying his I-485 was sent by uscis on may 21,2013, does he still have time to request I824 for consular interview? how much is the visa fee and can he still request refund of $1,000 for the I-485 A supplement fee?

Business Imm Law :

Sure,, his petition was approved so he is asking for his I-130 to be transferred to Mexico

Business Imm Law :

No USCIS does not give refunds because he made a mistake and filed

Business Imm Law :

immigrant visa fee $230 and your Affidavit of Support (I-864) $88. Additional $165 beginning 2/1/2013.

Business Imm Law :

I think I have answered your questions?

Customer:

does he still to redo the I-485 for the consular interview or for theNVC or the documents filed will be just transferred to NVC. and how is the process to obtain an interview date w/ an application for provisional waiver? He already filed his previous i864 (afidavit of support) does he need to redo them ?

Business Imm Law :

If you have follow-up questions you can always post them in the Q&A

Business Imm Law :

The 485 is only to apply in the US.

Business Imm Law :

He will be filing a DS-230 for consular processing. He will get instructions on this process

Business Imm Law :

He has to re-do the I-864

Customer:

when should he file for "provisional waiver" concurrent w/ the DS-230?

Business Imm Law :

NO

Business Imm Law :

He first files the I-824.

Business Imm Law :

AFTER he pays the consular visa bills then he files the I-601

Business Imm Law :

Here is the instructions

Business Imm Law :

http://www.uscis.gov/USCIS/Resources/How%20Do%20I%20Guides/Static%20Files/601.pdf

Business Imm Law :

He does not file the DS-23- until he gets the provisional waiver.

Business Imm Law :

I have other customers waiting.

Customer:

thank you

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24407
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 2 other Immigration Law Specialists are ready to help you

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