Should I attend visa interview while waiver application remains pending?

QUESTION:  I am a Canadian who filed Form I-192 after finding out that I am inadmissible because I was in the US illegally 10 years ago for few days.  I then came to Canada and applied for asylum.  Later, my wife (a US citizen) decided that she wanted to move back to the US to be close to her family.  My wife sponsored me in May.  I have heard nothing from the ARO about my waiver and it has been 5 months.  When I have inquired by email they respond that it is “in process.”  I have received a letter from the US Consulate for my immigrant visa interview but I am afraid that it will be refused because of this waiver.  Should I go to my interview or not? I am very confused and scared and would appreciate any help, thank you. 

RESPONSE:  I am unsure as to your grounds of inadmissibility that were the basis of the filing of a waiver, as a “few days” in the U.S. is not enough to render you inadmissible for unlawful presence.  Rather, you would have had to been in the U.S. illegally for at least 6 months for an unlawful presence bar to have been triggered.  I have the following two (2) major concerns about your case based upon what you have told me: 

1. You may be inadmissible for something more serious than unlawful presence, such as fraud or criminal grounds.  If this is the case, you are barred from the U.S. for life unless you obtain the necessary waiver. 
2. You may have applied for the wrong waiver.  The Form I-192 is a non-immigrant waiver application.  The Form I-601 is the immigrant waiver application.  Since you have your immigrant visa interview approaching, I am assuming that it is your intent to immigrate to the U.S., in which case you will most likely be instructed to submit an immigrant waiver application.  The good news is that the Consulate should give you time to prepare the appropriate waiver application and return it.  The bad news is that, depending upon the grounds of inadmissibility, there may not even be an immigrant waiver available to you. 

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