Hello, my name is Benjamin Hard. I'm an American attorney and the managing director of Integrity Legal here in Bangkok, Thailand. As the title of this video suggests, we're discussing Request for Evidence (RFEs) and the I-601 waiver process. A quick preface, in this video, I've done a number of videos discussing recent changes to USCIS policy regarding requests for evidence, specifically the rescission of what's called a "no possibility" doctrine. This doctrine used to dictate that a USCIS adjudication officer needed to issue an RFE unless there was "no possibility" of success or approval in the case. Overcoming this doctrine was challenging for adjudicators, as they needed to issue an RFE for clarification or when eligibility had not been established, as there could still be a chance for the case to be rectified with further evidence. However, this policy has now been rescinded, and USCIS will no longer automatically issue RFEs when eligibility has not been established. From a practical standpoint, this change may result in more denials of various petitions from USCIS if a prima facie case for eligibility is not made. This could significantly impact the I-601 waiver process. In the past, many cases involving the I-601 waiver had an RFE component for further clarification on qualification of a relative or how a given situation would result in extreme hardship to an American citizen or lawful permanent resident (LPR). These requests for evidence were often issued following consideration of the totality of the circumstances. Moving forward, I believe the I-601 waiver process will become much more challenging. It is crucial to present a strong case from the beginning, despite the possibility of previously clear-cut cases still receiving RFEs. Whether we will continue to see this or witness faster approval or denial is uncertain. However, my gut feeling is that there...
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I 601 waiver processing times 2024 Form: What You Should Know
B) Applicants who currently reside outside the United States and currently do not hold a valid visa in the United States, but who are in a country that has entered the Visa Waiver Program and is bound by that Program's terms and conditions and is bound by the Visa Waiver Program's agreement to provide a nonimmigrant visa to any foreigner who seeks to enter, are not eligible for a Form I‑601 when their application for a nonimmigrant visa from a State or unit thereof is pending. (c) A person whose provisional unlawful presence waiver was validly issued prior to the effective date of this regulation must make a non-refundable application to USCIS if his or her provisional illegal presence waiver is validly revoked. Frequently Asked Questions About U.S. Customs and Border Protection (1) If you submit an inquiry online, it can take 1-2 business days to receive a response. (2) If you submit an inquiry before January 15, 2019, it can take 3 business days to receive a response. (3) If you submit an inquiry after January 15, 2019, the processing time is between 3-5 business days. (4) USCIS is closed on Christmas Day, Presidents' Day (D-Day), Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. (5) Any questions, queries, or complaints for which you believe an error has occurred should be sent to us by telephone at 1‑866‑331‑9999 if you are an individual with an inquiry and 1‑866‑331‑9999 if you are a business. Petitioner's Address and Mailing Address — If a Petitioner is unable to mail an initial packet of documents to the address provided below, he or she also may be entitled to request a packet to be sent to “Petitioner's Address” in the state in which the petitioner or his or her agent/representatives has a permanent residence or in which the petitioner or his or her permanent representative resides. In such case, he or she may request the packet be sent to the address shown below. Please contact the person or agency designated for these purposes by mail at the appropriate address.
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