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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 110433
Experience:  Immigration Law Expert
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I . I am a UK Citizen with a US fiance in the military. On Frida

Customer Question

I Hi.
I am a UK Citizen with a US fiance in the military.
On Friday I was denied entry into the US under section 212 and am required to complete form 1-601 for a criminal conviction. Previously USCIS had approved me. It was 15 years ago and very minor and the clerk at the Embassy seemed to think it would be very likely my waver would be accepted.
Unfortunately owing to processing times, we are in real trouble. We have waited a year and a half for our K1 visa and our wedding and everything is booked, everyone has bought their flights and we have bought a house in the US. My fiance will be deployed in 6 weeks. If we don't get the waiver in time, we can't get married before he goes.
I have got the forms to file my form at the London field office with my claim for hardship. I need to know if it is processed there, or if it is just received and then sent off to Nebraska anyway for decision. I basically need to decide if I pay the fee in London or I try and save time
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. According to the Direct Filing Page, it is Arizona. Here is the link: However, for exceptional or compelling circumstances, you can file directly with London. I would strongly recommend that your fiancé take point with this. As a member of the U.S. military, he can use that to his advantage. Take a look at this link: So have him call the hotline and explain the situation and go that route as it may ensure that the I-601 be accepted in London and expedited. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 6 months ago.
Is this really your answer? I am shocked.You answered hardly any of my questions. Mixed up filing location (Arizona) with processing centre (Nebraska) and literally just copied and pasted things available on the USCIS website.Anyone that had the slightest experience with this sort of thing would know that the military assistance doesn't apply to this type of application and is literally just for military people to visit their local field office or get a slightly faster call answer. You also seem to have misunderstood that I am the one in London and my fiancé is the one in the military in the states so while he might well get preferential treatment to visit field offices, this has absolutely nothing to do with my right to submit at a field office, which is based solely on extenuating circumstances.
Sorry but this is not an answer.
Customer: replied 6 months ago.
Also I paid for 'urgent' not 'hours later'
Customer: replied 6 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 6 months ago.
If you feel like answering properly and with the level of detail I asked for, please re-read my question and write back. If not, please open this question up to other experts that may understand better.Thanks
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Excuse me, but I don't think you understand how this works. I am a licensed and practicing attorney with my own firm. I am what you would called I guess a sub-contractor. I am NOT an employee of JustAnswer as they do NOT give me a salary to be here. I do it on my spare time just like any other expert that may be online. I sincerely ***** ***** I was not online at 7:17am my time on a Sunday morning, no less and only responded to you at 9:44am my time. So let's be reasonable here. What was so urgent that it actually made a difference on a Sunday that the answer was delayed by a couple of hours?
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
And I did understand your question. I was quite aware that your fiance is the one in the U.S. If it had been him the one that I was speaking with, I would have started with the same statement that I give to all current and former U.S. military members, "I thank you for your service to our country." And if you look closely, I asked that you ask him to contact the U.S. Military hotline, not that you contact them. So I am not sure why you believe I misunderstood your question. I know you are frustrated and trust me, I do want to help, but please do not take your frustrations out on me. Believe me, I will do my very best to make sure you are happy with the service because if you do not leave me a positive rating, I get $0! So the ONLY one at risk in this transaction is me because you can easily ask for a FULL refund no questions asked, but no one refunds my time and effort, time that I take away from my friends and family on a Sunday. I hope you understand. So let's start again. What questions do you have that you are not happy with my answers? I will do my best. I am on your side.
Customer: replied 6 months ago.
Firstly there is at least a 5 hour time difference and you were showing as online and available to reply on 5 minutes. I paid extra for the urgent response, hence why I was not happy with the wait.
I have been busy prepping documents all day as I only found out Friday that I was rejected so yes, knowing where best to file, what my options were with regard to getting visitor visas etc made a huge difference as I am submitting all my forms tomorrow. My wedding is supposed to be on 14th may and every day counts.
If you chose to have a side game like contracting for just answer then it's not my fault you give up your family time. This is a professional service that is paid for. You are not a volunteer. My pointing out your poor quality response is not me taking out my frustrations on you.I think perhaps this is not a good fit for you. I won't leave you a bad rating but I suggest you pass this on and take slap me time to think about why you would do this job if it is not something you're interested in.
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Well, if you look at my ratings and the ratings of all the other active experts in the immigration forum, I am the highest at 99.3%. I've been here 8+ years and have helped over 100,000 persons with a 99.3% positive rating. So the proof is in the pudding, so to speak. I am an excellent fit for this, but I also cannot be online 24/7. I apologize that I did not respond when you posted. Perhaps I had logged on for a minute and then logged off before your question came in and the service showed me as online when I had already logged off. There is usually a 10 minute delay in that regard. Regardless, I understand your frustration. What can I do so that you are satisfied?
Customer: replied 6 months ago.
Allow my question to be answered by others please
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Sure, but I ask that if their answers are not significantly different than mine, that you leave me a positive rating as this is only fair.
Customer: replied 6 months ago.
I apologise for any offence caused and that my expectations are too high. I would like to try someone more through that can read the details of my question and answer accordingly as opposed to just reposting links or info from the USCIS website. I appreciate my questions are rather niche so it's not a quick fix if it isn't something the expert has encountered before. Best of luck to you. Please just allow me to get the right kind of advice for me.
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
I understand, but you still haven't told me what about your question I didn't understand. It wasn't difficult to read through it. Also, believe it or not, I deal with both types of customers, those like yourself that get upset when an official link is posted and others that get upset when I don't post an official link to back up what I am saying. Damned if you do, damned if you don't, I guess. So at least tell me where you think I failed you.
Customer: replied 6 months ago.
Only half of my question is shown above so that doesn't help matters as all the other queries after my comment about the London filing have been ignored. Perhaps this was a procedural thing you had no control over.It was also evident that you hadn't actually had any experience with this type of situation as you confused the place the form is received (Arizona) with where it eventually gets processed (Nebraska). This is not obvious knowledge that can be ascertained by a quick scan of the relevant pages on the USCIS website. I was not asking you where it was received. I was asking you if you knew whether the London field office actually made decisions on the case or whether it just received the forms there if the hardship request was accepted. Again this level of detail is not something that would be gained from looking at the file office or is USCIS website.Maybe you do have people that have not thoroughly investigated the information out there before they contact you and in those cases your response would be fine. In my case it is clear I know more about this than you. Not really the expert advice I hoped for.Please stop wasting both our time with bickering.
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
That's a shame that part of your question was cut off. I wish you had mentioned that earlier and we could have avoided some of this "bickering" as you state. As to your comment, "It was also evident that you hadn't actually had any experience with this type of situation as you confused the place the form is received (Arizona) with where it eventually gets processed (Nebraska)." It's evident that you don't have any experience in how things work in the U.S. Even IF it was processed in Nebraska, you would not be allowed to file directly in Nebraska. If your idea was to save time with filing it in Nebraska since it would get there anyway, you would have LOST time as they would have rejected it. This system is set up politically, unfortunately. The U.S. Senators and U.S. Representatives make side deals when they agree to support a bill. These side deals are to create jobs in their states. So for example, the U.S. Senator from Arizona most likely supported a bill with the condition that a USCIS acceptance center would be created in Arizona to initiate the processing of certain cases that would then me distributed to other centers for final processing. This creates jobs in Arizona that make the U.S. Senator look good. I hope you understand now. I am not perfect and I do make mistakes, but I have more than 13 years of experience in this field and know how things work. You have done a little research over a short period of time and think that you are more qualified at this point. Honestly, you made a mistake which is understandable, but criticizing me when all I am trying to do is help you is unfair. Had you tried to send your case directly to Nebraska, it would have been rejected with instructions to send it to Arizona. It's the bureaucratic red tape, so to speak. In the end, what you needed to know I told you. The fastest is the direct filing with the U.S. Embassy in London. And as to who makes the final decision, that's the visa officer in London. An adjudication is normally done in the U.S. if filed in the U.S. and then forwarded to the U.S. Embassy in question. But the visa officer makes the final decision at the time of the interview. It's basically that the U.S. recommends, but the visa officer has the authority to make their own independent decision because they are in the best position to do so. So I am sorry that you think a few hours of research over a short period of time makes you more of an expert, but I do agree with you on one point, we are both wasting our time with bickering. You really should just have asked your fiance to have called the U.S. Military hotline like I originally advised and had them contact the U.S. Embassy in London to be ready to accept your I-601A. In the end, I'm pretty sure that is what will work. But no worries, I will opt out now and let another expert chime in. Good luck to you.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I AM A DIFFERENT CONTRIBUTOR and I look forward to working with you to provide you the information you are seeking for educational purposes only.
Please understand that none of the experts on this site are employees of this site, they are all practicing attorneys with their own legal practices and as such are not available 24/7. Furthermore, they are working with multiple customers as well as clients in their offices so sometimes responses can take a bit of time. Thank you for understanding that.
Upon reviewing the above exchange, I do not understand what your argument is. Just because an application is sent to one state and it is processed in another state does not really have anything to do with the approval or denial of the application.
Under the USCIS rules, the immigration processing officer at each embassy has the final say on the approval or denial of a visa application. The I-601 must be sent to the address on the form or filed online. If it is sent to the wrong address it will be denied. The problem with the visa and waiver process is that you cannot speed up USCIS and sending the 601 to the wrong address would slow that process down. Once you submit the 601, it is up to USCIS to determine whether or not it meets the criteria for waiver. If USCIS determines that the waiver should not be granted, you have one remaining option to appeal by filing the I-290B.
There is no short cut on the process other than your fiance asking the immigration case officer nicely to expedite the decision. You must however still file all of your documents to the correct office stated on the forms regardless of where they are ultimately processed. These forms are sent in and digitized, so the officer assigned to the waiver investigation can access it and that officer could be located anywhere in the US.
Customer: replied 6 months ago.
Not really because you would have still provided a really weak answer for the but you did see
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply, which does not really make any sense actually, "Not really because you would have provided a really weak answer for the but you did see..." You have been given the correct information and we are sorry if you do not like what that information is, but I know that the information I provided you is the accurate information.
Customer: replied 6 months ago.
Everyone seems to be misunderstanding me. I had no intention of trying to file directly in Nebraska. What I meant was, if I sent it in the post to London (expecting them to process it there) only for them to send it to Phoenix, who would send it to Nebraska, then I would sooner have just sent it via FedEx overnight directly to Phoenix instead of wasting time filing it in London.
Customer: replied 6 months ago.
Law educator esq I was replying to the previous expert
Customer: replied 6 months ago.
But you also don't know what your talking about as 1. There is no 'online filing option' for the I-601 and 2. There is a 'speeding up' process, it's called expedited request based on hardship. And I just filed one. It comes from the applicant and 'asking nicely' it certainly isn't. No one gets to speak to the person deciding on their waiver. It's a big old expensive form requiring a tonne of evidence which is adjudicated based on its merits.I can't believe the standard on this site!
Customer: replied 6 months ago.
There are 2 address options. London or Phoenix. Neither is 'wrong'. Hopefully this information helps you to advise people in the future a little better
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your clarification, it was all indeed confusing. I appreciate your clarifying it for me. The address for you to file the I-601 is in the I-601 instructions. Actually NOTHING is sent physically between offices anymore. When you file the I-601 to the address on your form, it is scanned into a digital copy and it is sent to the agent for review. So you using actual post to another office other than the office stated on your I-601, which are listed here:, would not matter.In other words you must send it to the office specified at the link above. Furthermore, there was a typo about online filing, it was meant to say get the form to file from the online site, not actually FILING it online.Additionally, you are not going to speed up (and you do not need to educate me on the English language regarding "expedite" meaning the same thing, as I try to write to the lowest common denominator to keep it as simple as possible and I was not seeking to offend you by doing so). You can ask for expedited service if you like, but many times it does not really speed up the process much. Furthermore, YOU MAY REQUEST AN INTERVIEW WITH THE PERSON DECIDING THE WAIVER, it is up to that person as to whether or not a verbal communication would change or assist them in making a determination. I hope this helps you understand that the process is not as black and white as you would like to imagine it to be.
Customer: replied 6 months ago.
There is no address on the i-601. It is available online and you can post it to Phoenix or your local field office if you have extenuating circumstances. Please, for the sake of future clients read up on this and try and keep your arrogance in check as it helps no one.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply. I am not even close to arrogant, nor am I making the snide comments as you are doing in response to your snide remarks.You are incorrect and in the instructions attached to the form they do have the mailing addresses. However, it seems you already know the whole process, which would have been helpful if you told us everything you knew about it from the beginning as it would have saved us a ton of time going back and forth.To get back to the meat of your question though, you have to send it to either address on the instructions OR listed online on the link I provided you, the choice is your choice and it does not speed it up one way or another because as soon as you file it the form is digitized and available to the examiner online no matter where your examiner is located.

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