What Happens If My Waiver Is Denied?

How long does it take to get an interview after waiver approval 2019?

Once you have officially applied, and all necessary visa documents are filed, you can expect to receive a final response regarding your I-601A waiver within 4 to 6 months after submission.

If approved, applicants will be notified of the day and time of their immigrant visa interview..

What does it mean when you sign a waiver?

The definition of a waiver is the act of voluntarily giving up rights or privileges, usually through a written statement. An example of waiver is a person signing a form releasing the owners of an event location from liability if the person signing the waiver was injured while at the event.

Do you need a lawyer for adjustment of status?

You want to avoid running into unnecessary trouble, so it is a good idea to make use of an immigration attorney when applying for your Adjustment of Status. Most attorneys will charge a flat fee for preparing your form I-485. … Some attorneys will also help prepare you for the interview.

Why would a I 601 waiver get denied?

One of the most common reasons that U.S. immigration authorities deny an I-601 waiver application is insufficient evidence of extreme hardship. Sometimes this is simply due to the applicant not having submitted enough convincing documentation.

What happens if my adjustment of status is denied?

If USCIS rejects your application for adjustment of status, you will be mailed a written decision that provides the reason for the denial. Most denials are made without prejudice. This means you can file a new application for permanent residence.

What happens after I 601 waiver is approved?

Proper Passport Return During the interview, your consulate will keep your passport until your visa is approved. It will come in a sealed package called the “Immigrant Visa Packet” and will include your approved visa. You are not to open this package until entering the United States.

What qualifies as extreme hardship for immigration?

Proving “Extreme Hardship” in Immigration Cases. Some types of immigration waivers can be granted only if the applicant can show that denial would result in “extreme hardship”. The “extreme hardship” must be to a qualifying immediate family member who is a U.S. citizen or lawful permanent resident (“green card” holder) …

What is a waiver in immigration law?

An Immigration waiver is a “pardon” for a specific immigration violation. For example, when a person is applying for a US visa or a green card, an Immigration (or consular) officer has to determine if the person violated the US or other laws and is inadmissible.

How long do MEPS waivers take?

This supposedly takes between six weeks and three months — mine took a full three months. If the waiver is granted, you’ll be cleared to return to MEPS.

What happens if Uscis denied my application?

If your application for adjustment of status has been denied, you can be subject to deportation (removal) proceedings. Seek the assistance of an experienced U.S. immigration attorney. The attorney can help you decide what to do next.

What happens after a waiver is approved?

After the consular interview, you should receive you permanent visa within 3 weeks. After receiving a grant of a 601A waiver, there is a series of steps that you must still follow. Once the waiver is approved by the USCIS, you should receive a packet of information from the U.S. Embassy of the country of origin.

How do I check the status of my i 601 waiver?

You may check the status of your Form I-601 application online by entering the USCIS receipt number into the “Case Status” field located on the USCIS home page. Also, when the NSC makes a decision on your application, the NSC will send you a decision notice at the address you provided on your Form I-601 application.

What is the difference between 601 and 601a?

The main difference is that you can apply for the I-601 from inside or outside of the United States; for the I-601A, you have to be in the country since it is designed as a pre-approved waiver of inadmissibility. The I-601A is designed to reduce the time of family separation during the process.

How long does a waiver take to get approved?

In terms of processing times, USCIS and DOS are coordinating closely to make sure that the timing of the approval of a provisional unlawful presence waiver application is close to the time of the scheduled immigrant visa interview abroad. Generally, it takes 4 to 6 months to process an I-601A waiver application.

Can my immigrant visa still be denied if I have the i601a approval?

Even after the provisional waiver is granted by USCIS, however, the U.S. embassy or consulate could deny your immigrant visa and green card for reasons other than your unlawful presence. … In such a case, unless you qualify and apply for an additional waiver, your immigrant visa will be denied.

What is a 601a waiver?

The I-601A provisional waiver allows certain immigrant visa applicants with relatives who are U.S. citizens or lawful residents to apply for a provisional waiver of the unlawful presence grounds of inadmissibility pursuant to the Immigration and Nationality Act Section 212(a)(9)(B).

Does a 601a waiver expire?

Once your waiver takes effect, it is valid indefinitely for the period of unlawful presence that was waived. E. The DOS consular officer determines that you are ineligible for the immigrant visa. What Happens If My Provisional Unlawful Presence Waiver is Denied or Revoked or If I Withdraw My Pending Application?

Is it hard to get a waiver for the Air Force?

Waivers for entrance into the military are available, but they are not easy to obtain. There is a long list of reasons why the military may disqualify a potential recruit: illegal activity, medical conditions, minimum height, and even age.

Why would the Uscis deny my application?

Among the reasons the U.S. government might deny an immigrant visa or green card are its own error (or yours, in completing the paperwork), concern that you are a security risk, inadmissibility for health or criminal reasons, a finding that you are likely to become reliant on government assistance, and more.