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ResourcesVisa & Immigration LawUS Immigration LawI-601 Waiver RFEs: They're Not Asking for Anything, They're Asking For Everything?

I-601 Waiver RFEs: They're Not Asking for Anything, They're Asking For Everything?

Transcript of the above video: 

As the title of this video suggests, we are discussing I-601 Waivers. For those who are unaware, those who find themselves subject to a Ground of Inadmissibility to the United States; so for example, we deal with this mostly in the context of US Fiancé(e) Visas, US Marriage Visas - so the K-3, the CR-1, the IR-1- or the K-1 Fiancé visa, we will often times or occasionally I should say see someone who has a prior criminal record and the matter that I am thinking of when making this video it is a matter involving what is called a crime involving moral turpitude which the term of art sounds sort of more nefarious than it really is. In this situation it came down to a basically a trademark dispute, and you have got an issue associated with that that leads to a finding of crime involving moral turpitude.

But what is interesting, what I am talking about in this video is the fact this thing languished for nearly 3 years, or some 3 years, about 3 years, without any action taken on it whatsoever. Then Trump comes in and they actually start doing things it looks like, and they ultimately issue this Request for Evidence, this RFE. And in the RFE, it's like they didn't even read the filing. They are asking for things that had already been presented. They are saying things like, "well you didn't demonstrate extreme hardship", and as we get into in other videos, you have to have a qualifying relative that would suffer extreme hardship in order to have the waiver granted. I've talked about that in many other videos in the past, but long story short, it's like they didn't even read what was filed. And the underlying client was even saying to me, he was telling me, I'm thinking they lost it, and they just issued this because they lost it and they basically wanted something refiled. Hard to say. They may have, it's not impossible. They have a backlog, and things do happen. I have dealt with USCIS in the past where they have lost things. That said, hard to say. I am not going to presume anything, I am just going to take them at their word with regard to the RFE. But it seems to be a pretty darn redundant RFE. And as the client himself said, they are not asking for anything - insofar as anything specific - they are asking for everything. It's like they didn't even get anything to begin with. 

So here we are, re-filing the thing and putting it back together; it will be something of a redundant - not refiling it, I should say but responding to the RFE - it will be something of a redundant exercise, but we have to do it because failure to respond to the RFE results in an automatic denial. That's another question sometimes I wonder to myself with some of these Requests for Evidence is, is it tactical, is it designed to just send out the RFE in the hopes that the person doesn't respond and therefore they can just close the case? Again, I don't want to read into any motives or ulterior motives or anything like that, but long story short, it does make one wonder. 

So this is yet another reason why dealing with the I-601 waiver is such a precarious and difficult endeavour.