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Video instructions and help with filling out and completing i 601 waiver processing times 2021
Hello my name is Benjamin hard I'm an American attorney the managing director of integrity legal here in Bangkok Thailand as the title of this video suggests we're discussing request for evidence so called Ora fees and the i-601 waiver process a quick preface in this video I've done a number of videos discussing recent changes to USCIS is policy regarding requests for evidence specifically the rescission of what's called a no possibility doctrine which basically used to dictate that a an adjudicated officer at the United States Citizenship and Immigration Service needed to go ahead and issue an RFP or request for evidence unless there was and I quote no possibility that the case could be successful that there could be an approval in the case and that no possibility doctrine was a pretty tough one for those adjudicators to sort of for lack of a better term overcome in most cases they needed issue in our efi if there was any sort of need for clarification or even where eligibility had not been established because it might still be possible for the case to be rectified pending further evidence being presented that policy has been rescinded it is no longer the policy of USCIS to issue our fes so sort of automatically where eligibility has not been established the no possibility doctor no longer exists so what to take away from that from a practical standpoint there's going to be in my opinion probably more denials of various petitions from USCIS as a result of a prima facie case for eligibility not being made this could have a substantial impact on the i-601 waiver process in the past many of the cases I dealt with in the context of the i-601 waiver have had an RF e component they've had a request for evidence most of the time something along lines of further clarification with respect to qualification of a relative or further clarification with respect to how a given situation would result in an extreme hardship to an American citizen or lawful permanent residents or LOC lawful permanent resident all of these things you know sort of in total sort of in in the totality-of-the-circumstances resulted in a number of RF ease being issued I think moving forward the i-601 waiver process is going to get much more difficult I think making ones case at the outset is extremely important notwithstanding that we have in the past seen what I felt to be we're pretty quick clear-cut cases go ahead and get an RFA anyway and whether or not we're gonna continue to see that or it's just gonna we're gonna see faster approval faster denial that's hard to say but what what my gut tells me is all of this basically adds up to a larger possibility of faster denial rather than rather than sort of faster approval so the thing to take away from this is those who are serious about getting in I.