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Waiting on i601 approval from NVS Nevada office but the embassy has contacted us to update expired documents. What should we do?

Holmdel, NJ |
Filed under: Immigration

Filed i601 back in June and accepted by the Nevada office on June 20th however the status still shows Initial review. When I look at the Nevada processing times its showing July 3 as of November 30th. It clearly passes our date if June 20th. Why is this taking so long? Also, to our surprise the US Embassy in Colombia called us to schedule an interview to update some expired documentation (ex:DS-260, medical records, police records, etc...) however my lawyer advise us not to do it until we get the waiver approval. Is he right? Should I wait or update the documents as requested by the embassy?

Attorney Answers 3

  1. Best answer

    Follow the embassy's requests since it is from there you'll bet your waiver approved, not from your "lawyer" who doesn't sound like a US immigration lawyer at all, doesn't really know what to do or the process, and might be giving you wrong advice.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  2. Please understand that processing times listed on USCIS's website are merely average processing times. There are cases that take longer than others. In addition, some times the information provided through USCIS's website is inaccurate. I would recommend you to comply with the request of the U.S. Embassy, but I do not have the luxury of having the entire file to review. If you wish to have a thorough assessment, I would advise you to take a copy of your file to an experienced immigration attorney for a second opinion.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

  3. Is your lawyer an immigration attorney? If not, I would certainly get a second opinion. If he/she is, ask him/her for the reasons in this scenario's suggested timeline. If you are not satisfied and still unsure, go in person to a second immigration attorney to determine if the approach is the best one. You should feel comfortable with your attorney's advice and the reasoning for it.

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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