Home > Research Legal Advice > Immigration > Visa interview suggestions, and I-601 waiver questions for illegal enter...
Asked over 4 years ago - Anaheim, CA
Flag
I have a visa interview by the end of this month. And to my knowledge, I have filled and submitted every form and application the National Visa Center has required. Even I received the last letter indicating my visa interview date and a list of all the forms/documents needed.
My friend, who went through a similar case, says i need to complete the I-601 Waiver (not in the NVC's list)before my visa interview for entering the US ilegally, as well as the G-35a form (not in the NVC's list) Otherwise, she says they will delay my visa and will end up staying up to 1 year at my country of origin (Mexico). She says NVC doesn' let you know of this I-601 waiver.
I have a 2 yr. old daughter (US born) and a husband who is also a US citizen. I can not afford to leave my family for that long as well as my studies here in the US. Any suggestions?
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
You are in catch 22. It is a problem if you leave the United States because once you leave, you will be subject to the 10 year bar and the wiaver application is then a must. If you do not leave, you will stay in the U.S. in unlawful status. If you decide to leave to attend your interview, most likely, your visa will be denied and a waiver is required. The waiver takes about 16 to 24 months to process. Even then, the likelyhood of approval of the waiver is slim in the first few years. To succeed in the waiver application, you have to prove that your family in the U.S. will suffer extreme hardship in order to succeed in your waiver.
Completing the process at the NVC does not mean that your visa will be issued and or you will not face the factthat you have to file for a wiaver. if you decide to leave, you have to plan tobe in Mexico for a long time.
All the best.
Hassan
Your friend while trying to help was still a little bit wrong. It doesn't "delay" your visa. Since you were illegaly in the U.S. they will 100% DENY your visa. The I-601 is a seperate form requiring a seperate interview at the consulate to petition for a waiver based on the fact that your wife is a U.S. citizen. She will have to prepare a hardship letter and packet including evidence that you not being allowed back in the U.S. would cause extreme hardship to her. Now this is complicated and hard to do but not impossible. I am 21 years old and I just prepared my whole case for my husband on my own (with the help of the best immigration website ever www.immigrate2us.net) and he was approved 2 months ago and came home. We were in Mexico (together) only 1 month because we had a wait inbetween our visa and waiver interviews. You would likely have a somewhat longer wait since it seems like you have no waiver appointment scheduled. Please contact me ASAP at bj_osterhout@yahoo.com I don't know if you still check this question or if you went to Mexico or if you postponed your interview but I can help you.. and definately check out that website www.immigrate2us.net the whole site is mostly those of us that went through the exact same thing - I-601 waiver in Mexico. Don't be worried - it's hard work but its worth it. Now my husband can drive my car legally and he has interviews lined up all this week - it's worth it. My waiver packet was a cover letter, 10 page letter, and approximately 90 pages of evidence and this is considered a somewhat small packet. But all the hard work is worth it. I hope your case has gone ok please contact me so I can explain more.. I hate to see people get lost and don't know what to do :(
Oh I forgot to mention that the previous answer, while correct, had the wrong information for Mexico. Mexico has a pilot program meaning you can get approved the same day (as my husband did) if your case is strong enough. On the day I had my waiver (September 4) there were 11 of us from that forum I told you about. 8 were approved same day, 2 were backlogged (where they send it somewhere for more review) because they had criminal background issues, and 1 never reported back. Even if you are backlogged the average processing time on that is 9-14 months not quite as long as the previous poster said. That is the case for some other countries, but not Mexico. Mexico is the fastest and easiest to go through. Consider yourself lucky lol
