I-601 Process
LC on Dec 9th 2009
This is a very condensed, easy to understand explanation of the I-601 process.
First, an I-130 or I-129F is filed with required documents and a fee. These may have to be filed at a CIS (Citizenship and Immigration Services) lockbox or a CIS service center. Approval can take anywhere from a couple of months to a year.
Second, the I-130 or I-129F is approved and the case is forwarded to the NVC (National Visa Center) for I-130s or the consulate for I-129Fs. More forms and required documents are filed (for an I-130 they are DS-230 and I-864 Affidavit/s of Support; for I-129F the required forms vary widely) and more fees to pay. How many forms depends on where you file and if you need more Affidavits of Support.
Third, once these forms are processed you’ll be scheduled for the first interview at the consulate. In Mexico you have the medical exam at a clinic 2 days prior to your appointment and the cost for that can be anywhere from $100 to $400, depending on if immunizations or other treatments are needed. Some other consulates require the medical exam be done within different time limits.
Fourth, the first interview takes place where it is determined if the alien is either a) immediately eligible for a visa b) eligible to file a waiver, or c) not eligible to apply at all.
When someone is inadmissible but able to file a waiver the consulate gives (or should give) instructions on how to submit the I-601 waiver. (Note, sometimes the consulate makes mistakes on inadmissibility or eligibility to file! This can cause problems!)
In Mexico, at the moment, the second appointment will be about 6-8 weeks after the first appointment but that time can change. In some countries a waiver can be filed at the time of the visa interview. In other countries there are rules when one can file. After the first visa appointment the Rio consulate in Brazil requires a person to submit their waiver and all evidence, along with a list of other documents, before they are called back for a second waiver interview.
At the second appointment you will turn in your I-601 packet and pay yet another fee; different consulates have different rules on how to pay the fee. In Mexico you will also pay a $8 DHL fee. The DHL tracking number you get will be for a package that tells you whether your case has been approved or referred to the backlog. (If you are backlogged remember it is NOT A DENIAL. See the information on backlogged cases.) In other countries you will have to wait for the consulate to adjudicate your case and inform you and/or your attorney as to the decision. Updates can be made if there are changes in your situation before the waiver is adjudicated.
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