*** I-140 approved (EB2), overstayed H1B. Can I file a waiver in consular processing?***


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My I-140 is approved under EB2. I overstayed my H1B visa and currently in removal proceedings.

My question is: if i get a volunteer departure in court and file for CP based on my approved 140 and a waiver i.e. 601 (or any other?) to show extreme hardship to my USC son who has a medical condition and is under treatment (my home country do not have such treatments, I've all the docs as an evidence), Is it possible to get such case approved in CP in my visa interview? Also when should I file for CP if i want an interview date after 6 months? I know my country do not have a waiting cue for I140 (EB2) so a visa should be available right away and when should I file the waiver 601?

Please advise. Thanks

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