RFE/I-602 waiver

[ukulele]

Greetings everyone!

I just came across this forum and am really relief to see so many people here who share similar experiences.

I've been granted asylum back in 2000 and submitted my I-485 in July 2001. A long wait still lies ahead of me...

I'm sure this has been discussed before, but I'm having problems locating previous posts that explains this in details: can someone please explain to me the RFE/I-602 waiver? I understand this is the paperwork you have to file just before you obtain a green card approval? I think it's mentioned here somewhere that you need to submit bills and such to prove that you were present in the country at a specific time period.

I would like to get a jump start on this and set aside all the documents I may need to turn in when the time comes (especially when it comes to items like credit card bills and such). Just need some guidance here...

Thank you!

 

[Gilbert]

Well, at least 95% of asylee applicants will receive a Request for Further Evidence, or RFE. This could be a request for anything. Common examples are a new biography form, a new medical exam and proof of having lived in the US for at least one year. And yes your old bills would really help responding to the last type of requests.

The most dreaded request is an I-602 form. This basically means that you are not eligible for a green card because you came to the country illegally or by fraud. The I-602 is the means by which you ask the CIS to forgive your conduct and grant you the green card in spite of what you did. And this is a new policy that they started last year. The good news is that according to the AILA, the I-602s are being granted liberally. I suggest that you use a lawyer for this and it should not be a problem.

 

[RAsylee]

I have gone through the RFE and I-602 process and will echo the same sentiments as Gilbert. I will also recommend not to worry too much before anything is requested and this recommendation is from personal experience. You can however prepare yourself by going through the detailed accounts of RFE and I-602 shared in the forum and if you see some applying to you then you can tentatively be prepared for those but anything with Immigration is a luck of draw...

Wishing you best of luck with your adjustment of status process...

Regards,

 

[anotheryear]

I am still confused by this whole I-602 business. What is this really about? Is this a post 9/11 new law? If approval is so easy, then what is the deal with Sessanga Charlesa?

Can you someone explain?

Originally posted by RAsylee
I have gone through the RFE and I-602 process and will echo the same sentiments as Gilbert. I will also recommend not to worry too much before anything is requested and this recommendation is from personal experience. You can however prepare yourself by going through the detailed accounts of RFE and I-602 shared in the forum and if you see some applying to you then you can tentatively be prepared for those but anything with Immigration is a luck of draw...

Wishing you best of luck with your adjustment of status process...

Regards,

 

[RAsylee]

I can not comment on Sessanga Charlesa's situation as I am not familiar with it and I am sure he can update us, when he feels it is appropriate.

 

[ukulele]

More questions...

Thank you Gilbert and RAasylee!

I have the following questions from your answers:

Proof of having lived in the US for one year – will they most likely be asking for bills from a particular year (e.g. the year when you were granted asylum till the time when you file your I-485) or any of the years since you filed I-485?

I-602 – if the purpose of this documentation is to apologize for entering the country illegally, what happens to cases where the applicants have always been legal? In my case, I was on H-1 before I was granted asylum, and one of my attorney’s argument when asked why I didn’t file for asylum within a year after I entered the country (other than change of condition in country of persecution) was that I was never out of status. Does this mean I-602 is not applicable to my situation or to anyone who entered the country legally?