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Veronica Tunitsky

Veronica Tunitsky’s Answers

2,395 total

  • With an approved I-129F from USCIS,will I-601 waiver be the reason for denial of K1 visa on the interview at the US consulate ?.

    I'm on a 10 yr bar because of overstaying.But me and my fiancée of 10 yrs need to be together again and get married. She's having a lot of hardships since I left voluntarily last Sept. 14,2011.Our I-797 form states that we have until March 1,2014 ...

    Veronica’s Answer

    Many people are confused by the validity periods given on the I-129F approval notice. In reality, it has no bearing on whether you are admissible to the US and when you should get married as you will have 90 days to marry once you enter the US. That is a whole and distinctly different issue from getting the K-1 visa issued in the first place.

    If you are in fact inadmissible to the US, the Consulate will tell you so at your visa interview. They will also tell you whether you are eligible to apply for an I-601 waiver. My suggestion to you is to work with an attorney so you can be proactive in the process and start preparing toward the filing of the I-601 application. Waivers are highly complex so you should be working with an attorney experienced in this field. Start with a consultation - many of us offer consultations via telephone and Skype.

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  • Do i need legal assistance to file a I-601? I just had my green card interview at the embassy, I found them very confused.

    After 12 years waiting for a family visa category F4 (brother) I had my green card interview. I was told by them that I was not eligible due to overstayed in the US. I found them very confused! First I was told that I was missing my police report ...

    Veronica’s Answer

    There are some facts in your question that are confusing to us as well and would need to be discussed after a full review of your immigration history, including (1) if you need a waiver and (2) if you do need a waiver, whether you have a qualifying relative in order to apply for the waiver.

    As you've already seen - the immigration process is complex and confusing which is why it would be a big benefit to you to understand how it applies in your case.

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  • Can I apply for an i601a if my interview is already schedule Dec 19 13 what should i do?

    Hello I am really worry because I know if my husband leaves they might give him the ten year bars, our plan was to apply for the waiver before we had an appointment schedule but functionally they already schedule the appointment for Dec. 19 2013, ...

    Veronica’s Answer

    To clarify: do you mean your husband's interview was scheduled for December 2012 or December 2013?

    If the interview was in Dec. 2012 then you might have options, but you need to talk to an immigration attorney to discuss what they are.

    If the interview is for Dec. 2013 then this might have been a mistake. The proper procedure for those who plan to file an I-601A is to email NVC to let them know of your intent so they can hold off on the scheduling. If you hadn't done that then that would explain why they went ahead with scheduling the appointment. If you had done that then it could have been scheduled in error. This error can be corrected, however, by contacting NVC and the Consulate.

    My advice to you is to work with an attorney to resolve this and prepare a solid I-601A waiver application as waivers are complex and shouldn't be trifled with. If you can't afford an attorney to represent you for the whole case then at least have a consultation to make sure you understand the whole process. Many of us work with clients all over the country and offer consultations by phone and Skype.

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    Veronica’s Answer

    To clarify, you're asking whether a US citizen daughter over the age of 21 should sponsor her mother for a green card/permanent residence and what benefits the mother would have as a green card holder?

    If so, the most important benefit (assuming the mother is eligible for a green card, which should be ascertained by an attorney after reviewing all the facts) is that she would no longer be unlawfully/illegally present in the US and would not have to fear being placed in deportation proceedings.

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  • Can I still file the I601-A if they schedule my appt at Ciudad Juarez?

    I don't know why they schedule my appt if I sent them an email to let them know that I was planning to do the provisional waiver. I have less than month for my appt and I receive my letter a couple days ago

    Veronica’s Answer

    There's no reason to panic (but there is reason to take action quickly) as this might be a simple misunderstanding between NVC and the Consulate that can be corrected.

    Having said that, I would recommend that you work with an attorney experienced in waivers who can help with resolving this confusion as well as preparing a waiver package that would optimize your chances of success. I can tell you from many years of working with waiver cases that they are far from simple and require special handling.

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  • Foreign national spouse visa options married to US citizen.

    I'm naturalized US citizen and married for 9 years. Lived in USA for 9 years together. We have US born kids. We decided to move back to India to live there for about 10-15 years. My husband didn't take US citizenship. Question: What ar...

    Veronica’s Answer

    Every US visa has a purpose and every single one is issued at the discretion of the consular officer. For example, an F visa is for students, an H visa is for certain employees, etc. There's no particular temporary visa for spouses of US citizens who wish to travel to the US except the B visa that covers all temporary visitors for pleasure. Your best bet is to make sure that you provide enough evidence to the consular officer to convince him/her that your husband's intent is temporary and that he has sufficient ties to his home country to ensure his return. If you wish, you can always work with an attorney who can help preparing the visa application package.

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  • Processing GC

    I am on H1B since 2 months and my employer is keeping on delaying to initiate the process of my Green Card. He gives absurd reasons like please wait for some more time and we will see. I am not sure why should one hesitate if I am ready to give a ...

    Veronica’s Answer

    Unfortunately, the decision to sponsor you for a green card is completely up to your employer. If you believe if he/she is not actually going to sponsor you then you may need to explore other alternatives (such as finding a new employer who would).

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  • I am looking for an attorney with a lot of experience in i601 and i212 petitions. I know the standards are very hard to meet.

    After order of deportation and no volunteer departure option, but with I130 approved, I am afraid of leaving the country and filling 601/212. I'm looking for an attorney who had a lot of waivers approved in the past. Thank you

    Veronica’s Answer

    You are correct - there is a high burden on you to prove that a qualifying relative will suffer extreme hardship without you in the US (as well as why the relative can't simply move with you to your home country). Your burden will be even higher because it sounds like you intend to apply for the waiver shortly after leaving the country under an order of removal.

    I advise you to contact me or one of my colleagues to discuss your options and the sooner the better. What you don't want is to ignore the deportation order and become a deportation absconder (a person who doesn't leave when ordered deported).

    Relatedly, I hope you were working with an attorney and made sure to explore all your options for legalizing while you were in court proceedings.

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  • Information About I601A

    My brother came legally to the US when he was 11 years old, in 2007 my Father a Permanent Resident file a I130 which was approved, he left the US before we knew the I130 was approved, He left having 19 years and 1 month, so the made us file a I601...

    Veronica’s Answer

    Please note that the Provisional Waiver (I-601A) went into effect on March 4, 2013 and applies to certain persons who are currently residing in the US. Your brother, being overseas, probably filed an I-601.

    To answer your question: the fact that the I-601 has been pending with USCIS for 20 months is unusual; the fact that USCIS is asking for more information is not. You should be speaking with your lawyer about what USCIS asked for and what has been submitted. If you're not satisfied with the answer, get a second opinion.

    Incidentally, I hope you realize that the I-601 unlawful presence waiver requires a showing of extreme hardship to a qualifying relative. Qualifying relatives are US citizen parents or spouses. It's particularly difficult to show that a parent needs their child in the US so much that the hardship rises to the level of extreme. But, it can be done under the right circumstances and with the right evidence.

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  • Is there any waivers for a perm bar of admission to US.? I was convicted as a minor and served YA sentence.

    I was a perm resident via my parents. I attended K - 12 and as a minor was convicted of a aggravated offense unknowingly I was deported and had no clue of circumstances. I later re entered illegally due to sufferings and lack of employment/ food/ ...

    Veronica’s Answer

    • Selected as best answer

    The fact that you've been deported twice (once for an aggravated felony and once for returning to the US illegally after deportation) would make it extremely unlikely for you to return as an immigrant.

    However, as my colleagues point out, you may qualify for a nonimmigrant waiver as part of some sort of nonimmigrant visa (student, work, visitor). In that application you would have to provide some extremely strong evidence showing that why your immigration and criminal violations should be pardoned. I won't lie to you - it'll be an uphill battle. You should definitely consult with an attorney to see what your chances would be.

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