Hey guys, in this video, I'm gonna talk about, um, the I 6 0 1 a waiver. I'm gonna answer a question
from one of you on McBean immigration TV about this waiver. The question comes from, um, K R LS,
Noah. And he says this, that he has a biometric appointment coming up for the I 6 0 1, a waiver,
and he wants to know how long it's gonna take for them to make a decision on his I 6 0 1, a
waiver. And that's a great question for those of you who are new to the whole I 6 0 1 a
or any of the waivers. This is the waiver that need to be filed for those who have overstay
their visa, or they entered without inspection. And consequently, they're not able to adjust
their status in the United States. They have to go overseas back home to be interviewed at an embassy
abroad or, um, count us consulate abroad. And so in this case with the I 6 0 1, a waiver
provisional waiver for unlawful present, what it does is that it prevents the person from being
barred, from return into the United States, based on the issue that they they've overstay,
or they have unlawful present. So the way it works is this. If you had overstay in, uh, the us for
over a certain period of time, you might be barred for either three years or 10 years from returning.
And you file this waiver before you leave the United States, because the waiver attaches to you
at the time that, you know, you lift off in that airplane and then the clock starts ticking as it
relates to how soon you can return. Now, with this waiver, it allows you to leave and not be barred
from coming back for the reason of the unlawful presence. It kind of gets rid of that unlawful
presence, so to speak so that you are now free to be interviewed at that us embassy, but always keep
in mind friends that when you go to a us embassy abroad for an interview, you've gotta remember
that they have a lot of discretion, right? With respect to whether to give you or approve
your visa requests. And so if they find any other reason to, um, not approve your immigrant visa,
then they will tell you, okay, we are not gonna approve it. And some of some, in some cases, they
tell you the reason why, and then they tell you, you actually need another waiver. And that other
waiver address will address this problem. That we're ha we're haven't, or they may say, well,
we need more documents from you or whatever the case may be. We need to do further background
check because this, this thing came up during the interview. All of those things are possible, which
is why we always recommend before you leave the us for an embassy interview to make sure that you are
all clear. You're good to go. Okay. Uh, do an investigation to make sure that there's no other
reason why the embassy would refuse you of the visa now to get back to, um, K K R L S's question
about how long this is gonna take. How long is the waiver these days, while
I looked it up on S C I S's website, and I'm gonna share with you what our experience is as well at
our office, but according to U S C I S it's. Um, now we're looking at a 26 months to 34 months,
26 months. If your case is pending at the Nebraska service center, however,
if it's pending in Potomac, uh, Virginia, then you are facing a longer wait 34 months.
What we've been seeing in our office on average these days, some of our cases we've been waiting
like a year and a half, almost two years now, for some of the cases that we have.
So that's what we're experiencing in our office. But just fundamentally speaking with respect to
this, fundamentally speaking the fundamentals of this waiver, though, which I want you to grasp,
not so much the whole time and issue. Yes, it takes a long time and that's,
it's really awful to deal with that, but you make sure you get this approved before you leave the
United state. If you're eligible for the waiver. Now, how is a person eligible for this waiver?
Well, firstly, guys, this, you filed this waiver after your I one 30 has been approved and your
case goes over to the national visa center. Once your case goes over to the national visa center,
you're then required to pay your visa application fee, to get the whole process started there.
Once you make that payment, then there is a payment receipt that you will receive
from the NVC. That payment receipt is now a required document to be submitted with your waiver
and the waiver. The entire waiver will be predicated on this one issue
that you have a relative who will suffer extreme hardship. If you have to leave the United States
and they have to go with you or they, they, they will suffer extreme hardship just to frame it
another way. The, the issue is that that person will suffer extreme hardship. If you have to
leave the United States because they need you here with them and they need to stay right here in the
United States. And that relative has to be a us citizen's, uh, us citizen, parent, or SP, um,
Or spouse, us citizen, or green card holder, parent, or spouse who will suffer that extreme
hardship, all right, us citizen or lawful permanent resident, parent, or spouse
who will suffer that extreme hardship. Once the government accepts your argument and
approves your waiver, then you're good to go with completing the NBC, the rest of the NBC
steps. Then you can leave the United States for your embassy interview and then knock it out,
right? Knock it out of the park, do well and get your immigrant visa and come right back to the
United States to continue to be with your family. So I hope you found this short video, helpful
to you. Thank you again for your question. And guys, I will see you in the next one, byebye.