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Non-Immigrant Visas

Marriage Visas, I-601 Hardship Waiver for Illegal Alien Spouse Filing Green Card Application

Aliens married to U.S. citizens who entered without inspection and those that may not be eligible for adjustment of status under 245i may qualify for a green card by filing an I-601 hardship waiver application. An I-601 Hardship waiver is granted to those aliens who can show exceptional hardship to their U.S. citizen spouse if they are not permitted to reside in the U.S. with their spouse in the permanent resident status. The site provides subtopics for the I-601 waiver application process:

  •  I-601 Hardship Waiver Overview
  •  I-601 Hardship Waiver Processing
  •  I-601 Hardship - Second Interview For Green Card/Waiver
  •  I-601 Hardship Waiver - Setting an Appointment

The standards required for establishing the required elements of the I-601 waiver are fairly stringent and requires extensive documentation and supporting material. A recent USCIS AAO decision provides some guidance on the required evidence. pdf i-601-hardship-waiver-dec-illegal-married-to-citizen

 

I-601 Hardship Waiver Appointments for Interviews in Ciudad Juarez, Mexico


Immigrant visa applicants seeking to file an application for waiver of inadmissibility (Form I-601) with the USCIS field office in Ciudad Juarez can now use the Teletech Call Center to make an appointment. The changeover from the pilot InfoPass program is a result of USCIS and the Department of State teaming together to improve customer service through more timely appointment scheduling.

The Teletech Call Center located in Mexico is the same system currently used by the Department of State for scheduling nonimmigrant visa interview appointments at U.S. Consulates in Mexico. Customers will pay a small fee to use the Teletech Call Center. Customers have the option of either calling direct, using a credit card or purchasing a Personal Identification Number (PIN) to access the system and make an appointment.

Appointments made through the call center must be scheduled at least three business days after the date of an immigrant visa interview. Customers may schedule appointments using the numbers listed below.

Direct Calls
Mexico: 01-900-849-49-49 (12 pesos/min)
U.S.: (900) 476-1212 ($1.25/min)

Credit Card Calls
Mexico: 01-477-788-70-70 (57.50 pesos/call)
U.S.: (800) 919-1754 ($7.00/call)

Personal Identification Number (PIN) Calls
Banamex Bank Purchase: ($10.00 USD)
Phone Purchase: 01-800-112-25-00 (24 hours for PIN activation)

 

I-601- Waiver Second Interview

I-601 Waiver - Obtaining a New Immigrant Visa Interview after I-601 Waiver Denial

Rescheduling An Immigrant Visa Interview

After denial of an I-601 waiver by the USCIS overseas office, the applicant or his or her attorney may contact the immigrant visa section at the U.S. Consulate via e-mail, cdjimmigrantvisas@state.gov, to request a new immigrant visa appointment. This request cannot be made through the InfoPass system.

After the request, an applicant will be placed in line at that time. The applicant’s new place in line will not relate back to the any prior dates. The applicant can typically expect a ten (10) to twelve (12) month wait for a new immigration visa appointment and all filing fees, application forms, and medical exams and fees must be resubmitted.

Resetting The I-601 Interview

After the reset immigrant visa interview, the applicant may set up a I-601 Waiver interview and supply the required documentation.

Immigrant Visa and I-601 Interviews While Appealing I-601 Denial

The request for a new immigrant visa appointment (not waiver appointment) can be made even while a Motion to Reopen or Reconsider filed with the USCIS overseas office, as well as while an I-601 waiver denial appeal are pending with the AAU.

 

I-601 Waiver Processing


I-601 Waiver Application - Pilot Processing Program in Ciudad Juarez, Mexico

The USCIS office in Ciudad Juarez, Mexico operates a new pilot program for I-601 waiver processing. This pilot is an effort to come up with new ways to use available resources with limited staff to shorten waiver processing times.

I-601 Waiver - Pilot Application Process

When a consular officer makes a determination of inadmissibility at the time of the immigrant visa interview and a waiver application may be submitted, the applicant will be given a USCIS waiver letter, which indicates that the applicant may make an appointment to come back to the Consulate in Ciudad Juarez to submit an I-601 or I-212, as applicable, with along with supporting evidence and material.

I-601 Waiver - Appointment

The I-601 waiver appointments may be scheduled prior to the immigrant visa interview, but they cannot be made for the day of the immigrant visa interview. For those with waiver packets fully documented and ready for adjudication, the appointment should be set for at least 3 working days after the immigrant visa interview. This helps ensure that the fingerprints taken on the date of the immigrant visa interview have cleared.

When the waiver applicant comes back to the consulate with the complete waiver application, a USCIS employee will review the packet, and if the case is supported and approvable, the waiver application may be approved that day. Then, the Consulate will either approve the immigrant visa that day or within the next one to two days.

If the submitted packet is not clearly approvable, then the application will go into the regular processing waiting line (10 to 11 months) and the applicant will be instructed to provide additional supporting documentation to USCIS. In essence, the applicant will get a second chance for review.

 

Green Card Waiver For Illegal Alien, Unlawful Entrants and Those Subject to 3/10 Year Bars

I-601 Hardship Waiver - Illegal Aliens, Entrants, 3/10 Year Bar

In certain circumstances, those aliens who are unable to file for an immigrant visa or apply for adjustment of status may file an Application for Waiver of Ground of Inadmissibility (Form I-601) to qualify for a green card. Affected aliens are those who may have entered the U.S. without inspection, those that overstayed their visas and others who may be subject to the 3/10 year bar for a variety of reasons. Of course, to get a green card, the alien must otherwise qualify and obtain an approved I-130 petition. This waiver is based on extreme hardship to U.S. citizen relatives.

A typical case is an alien who entered illegally and became married to a U.S. citizen or sponsored by a child over 21 years old. After filing and obtaining an I-130 approval, the alien, who would not be eligible for adjustment of status, may submit the I-601 waiver to overcome this ineligibility. After the I-130 and the I-601 waiver approval is granted abroad, the alien may then enter the United States as a permanent resident or a green card holder.

I-601 Hardship Waiver - Filed at Ciudad Juarez, Mexico

The I-601 and the Extreme Hardship Statements are filed with the Consular Officer at Ciudad Juarez, Mexico where the beneficiary of the petition applied for the Immigrant Visa (green card). If the waiver is approved, USCIS sends that approval notification to the Ciudad Juarez U.S. Consulate for issuance of the immigrant visa. If the waiver is denied, the applicant will be notified in writing of that decision and the immigrant visa will not be issued.

The Ciudad Juarez Sub-office of U.S. Citizenship and Immigration Services has jurisdiction for adjudicating all I-601 applications submitted to the Immigrant Visa Section at the Ciudad Juarez, Mexico U.S. Consulate. The Ciudad Juarez U.S. Consulate also processes all Immigrant Visas for Mexico as well as K-1 and K-3 Nonimmigrant Visa I-601 Waivers.

I-601 - Where to File Extreme Hardship Evidence

Extreme Hardship Evidence can be submitted at the time the I-601 Waiver is filed with the Consular Officer or mailed directly to the Ciudad Juarez USCIS Office within 30 days after filing the waiver to:

Department of Homeland Security
U.S. Citizenship and Immigration Services
PO Box 9896
El Paso, Texas 79995

[Read the USCIS Memo on the New I-601 Waiver Process]

 

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