The alien entered without inspection and was ordered removed in absentia. Having no knowledge of the removal order he left the country to pursue an immigrant visa as the spouse of a U.S. citizen. The consulate denied him the visa explaining he had been removed form the U.S. The alien's removal proceedings were reopened and the order of removal was rescinded. To continue with his immigrant visa process, an I-601 waiver of unlawful presence needs to be filed. He has an upcoming court date in December in which the judge was very adamant about his attendance. The consulate will not allow him back in the U.S. without an immigrant visa.
Where does the I-601 waiver get filed, Court or USCIS?