NEW: Centralized I-601 Waiver Filing Process - I-130/NVC/Visa Appt/I-601 Waiver

Ruby Lichte Powers

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Immigration Attorney - Houston, TX

Contributor Level 12

Posted about 2 years ago. 3 helpful votes

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1. I-130 - Petition for Alien Relative

o $420 Filing Fee o Proof of the relationship o Could take up to 6 months

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2. National Visa Center

o $318 Filing Fee, down from $492 earlier in 2012 o DS-230 or DS-260 - Depends on country (Mexico -DS-260) o I-864 Affidavit of Support - Petitioner makes enough for household to support beneficiary - I-864P (www.uscis.gov) has income guidelines o Usually 2-3 months, can be less - from NVC to Visa depends on country, transport of file, and how backlogged the Consulate is. From NVC to CDJ is about a month.

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3. Visa appointment - US Consulate - Beneficiary's home country

o Moment cross the border, if more than 1 year of unlawful presence, trigger 10 year bar. Some exceptions so consult an immigration attorney. o Go in advance for biometrics (fingerprints) and medical exam o Submit application packet to Consulate, will be denied for inadmissibility (unlawful presence, fraud/misrepresentation, etc.) o Will be told available to submit a waiver

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4. Centralized I-601 Filing in the US

o Mail I-601 and supporting documents with filing fee (can be the day after the visa appt) o $585 Filing Fee o Est time is 6 months but currently taking 2 months, demand has increased so 6 months is likely d. Will receive receipt notice soon after submission

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5. Connect Waiver Approval with US Consulate and obtaining Visa

o Waiver approval needs to travel to Consulate, consulate needs to request passport and possibly update medical exam if out of date. o Beneficiary might have to travel to Consulate or might be able to DHL passport and requirement. o Enter US with visa; legal permanent resident card (green card) will come in the mail about a month later.

Additional Resources

Note: the provisional waiver process has not begun yet, expected end of 2012, but it is only for beneficiaries with US citizen spouses or parents and with the only ground of inadmissibility being unlawful presence. Also, the centralized waiver process applies to the entire world with one exception, Mexico. Waivers can be filed via the waiver appointment process via Ciudad Juarez until December 3, 2012.

Law Office of Ruby L. Powers

I-601 Form and Instructions

Centralized Filing and Adjudication for Form I-601, Application for Waiver of Grounds of Inadmissibility

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