1-602 Waiver application by Refugee

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petertherock77

Registered Users (C)
Hi Forum,

I wanted to know how waivers applications made by refugees are adjudicated and what criteria's are applied. Is it based on humanitarian grounds and public interest? or it has the same strict criteria like I-601 where an applicant has to prove extreme hardship to a U.S citizen?

I wait a discussion on this issue.
 
That's the same as Asylees.
All refugees seeking to enter the United States and found inadmissible, can file a waiver pertaining family unity, humanitarian reasons or national or public interest. Inadmissible for reasons such as health conditions and felony convictions, mental conditions, active or suspected Tuberculosuis. Refugee will then file the form, review by the U.S. consular oversea and upon approval of the waiver, a refugee status admission will be issued to the applicant, that the same process same technicality as asylee's waiver.
 
Thanks Themen for the info. What is the approval rate on such waivers for asylees/refugees. Is it usually considered strongly based on humanitarian grounds since the applicant has been granted asylum/refugee status in the United States irrespective or absent of the family unity hardship criteria?
 
need more information

You need to tell us the reason the person needs the waiver. The DHS has different criteria for different reasons. So why does the person need the waiver?
 
Waiver is needed for a prior misdeamenor offense that was dismissed. Waiver was required by DHS because total possible maximum penalty for offense was more than 1 Year even if jail time served was less than 30 days.
 
If it is not a violent or serious crime then chances for getting a waiver are pretty good. I would suggest the person use an attorney.
 
Petertherock 77,
When adjudicating a discretionary waiver application under the Act, the humanitarian, family unity, or public interest consideration factors must be balanced and evaluated against the seriousness of the offense that rendered the Alien inadmissible and removable from U.S.

In making the decision determination or final adjudication of the waiver, the adjudicator should recognize that the Alien has established past or well founded fear of future persecution, which is an extremely strong positive discretionary factor.

Therefore unless there are extreme negative factors such aggravated felonies that outweigh the positive ones, the adjudicator should generally approve the waiver application.

I-602 application is generally approved with time consuming as far as to process it.

I hope that'll help.

Thanks
 
Thanks Themen. I thought since the case is already with the adjudicator the approval of the waiver should be pretty fast. Are there any other modalities involved in approval the waiver application? How long do you think is the timeframe for processing when the case is with an adjudicator @ a local district office.
 
Petertherock 77,
In order to ensure that the waiver standards are applied correctly by adjudicators in a consistent fashion, by late June 2005, affected cases that are being adjudicated were sent to USCIS HQ for a review/quality control purposes. Therefore, in the beginning, USCIS stated that adjudications of such cases would move very slowly. If all other requirments are met except waiver, waiver could take up to 2 years to complete, adjudication could then resume and case automatically approved.

Best Luck
 
Petertherock,
Always bear in mind that most of issues regarding waivers are automatically waived by adjudication discretionary during late June 2005, unless you are asked by the adjudicator to file I-602. If you are asked by the adjudicator to file one, then the waiver could take up to 2 years to complete.
 
Petertherock 77,
Yes, I checked it out, thanks for the formal information, the memo is broadly detailled and very explicit. I think that would also answer your questions.

I though also that you had already filed a Writ of Mandamus with a District or Circuits Court concerning your case.
What's the status of it ?

Best Luck.
 
Hi Themen,

My Writ of Mandamus was withdrawn by my attorney because he said CIS responded by sending an NOID which we sent additional evidence and case was continued. He said once they did that then we had no option to withdraw the case without prejudice but we can renew it again if they are taking so long to complete adjudication.
 
Hang in there comrade.
With the possible arrival of a new government in November, I think USCIS will make some major changes as far as their way of operating, they are too slow in processing stall cases, litigating cases etc...

Best Luck
 
Themen,

So you'll think the case can still take a long time even if it is with the adjudicator at local district office. I thought the adjudicator has the authority to make a decision on the waiver application based on the I-485 which will be subsequently reported to congress?
 
There are cases still pending from the early 2003. Those cases are completely stalled, held in abeyance in determination for security grounds-related. Even tough a such case has been assigned to an officer, the fact of the matter those are transfered to the head quarter of Asylum offices for further processing. The processing is extremely slow.

Best Luck.
 
Hi Themen,

My case was cleared through the material support issue, that was when it got transfered to be adjudicated at the local office. You remember I am from Niger Delta Region and that raised a flag for review based on my ethnic group. They requested me to provide a written statement explaining any group/association that I belong from my 16th birthday. I did respond and after 2 months they transfered my case to the local field office for interview. When I went for the interview the officer just basically went through my file and said everything was fine so far but he needed to follow-up with his supervisor in the afternoon due to a past arrest that I got before I was granted asylum and subsequently the case was dismissed. The next day he mailed a request for a waiver (I-602). I can really tell the officer wasn't familiar with asylee adjustment from the way he sounded. You know most of these cases are adjudicated in Nebraska and Texas. I mailed everything back already and just been patient to see the final response. The day of the interview the officer made copies of my prior EAD's and collected the original copies of the I-94's I had in my possession.

I know most material support related cases are routinely sent to HQ for review and guidance. I think mine was actually sent to Seattle before it was sent back to Texas and then the local field office. My case is still at the local office. I did an info pass 2 weeks ago and the officer took my information to look into my case. She called me back the next day and indicated that she moved my file to the supervisor and I should hear back from them soon.
 
Last edited by a moderator:
petertherock77 said:
Hi Themen,

My case was cleared through the material support issue, that was when it got transfered to be adjudicated at the local office. You remember I am from Niger Delta Region and that raised a flag for review based on my ethnic group. They requested me to provide a written statement explaining any group/association that I belong from my 16th birthday. I did respond and after 2 months they transfered my case to the local field office for interview. When I went for the interview the officer just basically went through my file and said everything was fine so far but he needed to follow-up with his supervisor in the afternoon due to a past arrest that I got before I was granted asylum and subsequently the case was dismissed. The next day he mailed a request for a waiver (I-602). I can really tell the officer wasn't familiar with asylee adjustment from the way he sounded. You know most of these cases are adjudicated in Nebraska and Texas. I mailed everything back already and just been patient to see the final response. The day of the interview the officer made copies of my prior EAD's and collected the original copies of the I-94's I had in my possession.

I know most material support related cases are routinely sent to HQ for review and guidance. I think mine was actually sent to Seattle before it was sent back to Texas and then the local field office. My case is still at the local office. I did an info pass 2 weeks ago and the officer took my information to look into my case. She called me back the next day and indicated that she moved my file to the supervisor and I should hear back from them soon.
Click to expand...

What do you mean by "cleared through" the material bar. Did they tell you that you were subject to the material bar and they already granted you a waiver? Or is the arrest the issue that is holding up the case? But the charge was dismissed right?
 
Hey Thankful,

My case was previously held up on review for Material support issue but it was later released for adjudication. My case was dismissed but the officer that interviewed me sent a request for a waiver even though it was later dismissed.
 
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