i-219f and I 212

[GG1 0]

Hi there i have a quick, well difficult question that I can't seem to see an answer to.

I am European and I went to the US with my family when I was a child. My parents decided to take us on a visitors visa and than apply for political asylum. We were denied, and we appealed our decision all the way to the 9th district court, and they denied us again. We had numerous extensions due to incompetent lawyers, judges not showing up..the ususal. The whole process was going on for 16 years. Needless to say I have a life in America, I went to school there and I had jobs there. We were given voluntary departure, but we never received our notice ( or my parents refused to let us know). Also we have paperwork missing due to having so many lawyers and my parents throwing them away. INS picked up my parents and we were told to leave the country. We did, and I don't know what ban I am under. Our lawyer said no ban, but I still need to file an I212 next to my I-129F.(My fiancee is filing for me)

I am not sure if I need an I-601 along with it?

When is the best time to file the I-212 and where? Some say send it back to where my case was handled, and some to where I will have my interview.

Also I had many jobs, in US and many adresses. I don't know if that will look bad on my forms at all. Also I have a previous SS# and A#. I dont know anyone that has grown up in the US and got thrown out after 16 years, and how the case I was in under my parents will affect my visa application.

Thank you

G

[canadian_wife 1,814]

USCIS (it hasn't been INS in many years) will know about the asylum case so listing US addresses on your petition is no issue, in fact, USCIS will likely expect it. Having a SSN and A# again is expected if you applied for asylum and lived there for 16 years, expect USCIS to know everything, because they already do, so list everything truthfully it will be ok.

As for the I-212 this is likely since it seems like you were removed from the US. This will be filed at the interview for your K-1 visa (perhaps after but certainly not before - have it ready to submit at the interview incase they accept it). The I-601 will be for any overstay you have incurred (again submitted at the embassy at the interview, certainly not before).

Your case is not for a layperson, it sounds like you are dealing with tricky bits of immigration law (focusing on the asylum case, appeals, visa extentions etc). I suggest you retain the assistance of a thorough, competent immigration lawyer for your journey.

Good luck

PS - I truly hope your asylum case was not dismissed as 'frivilous', do you remember the terms of the denial?

[GG1 0]

USCIS (it hasn't been INS in many years) will know about the asylum case so listing US addresses on your petition is no issue, in fact, USCIS will likely expect it. Having a SSN and A# again is expected if you applied for asylum and lived there for 16 years, expect USCIS to know everything, because they already do, so list everything truthfully it will be ok.

As for the I-212 this is likely since it seems like you were removed from the US. This will be filed at the interview for your K-1 visa (perhaps after but certainly not before - have it ready to submit at the interview incase they accept it). The I-601 will be for any overstay you have incurred (again submitted at the embassy at the interview, certainly not before).

Your case is not for a layperson, it sounds like you are dealing with tricky bits of immigration law (focusing on the asylum case, appeals, visa extentions etc). I suggest you retain the assistance of a thorough, competent immigration lawyer for your journey.

Good luck

PS - I truly hope your asylum case was not dismissed as 'frivilous', do you remember the terms of the denial?

Hello,

Well yes, it was ICE that picked them up, but they all got released, and had to check in with the courts. We did leave on our own, bought our own tickets. We were just told to leave by so and so date and we did. The problem is that I do not know what the terms of our departure was. We did not get any papers telling us the rules or for how long we had to leave for. My sisters did not have to leave because they are married and their lawyer is working on re opening our case for them. Extremely confusing. The lawyer told them they do not need the I-601, just the I-212. So I do not know.

The asylum case was denied because there were too many extensions done on the case, and when the final appeal came, the judge said that my family isn't in danger anymore, since so much time has passed, so therefore we are safe to go back. Also I think the case wasn't strong enough.

I don't understand why I am still under my parents case since I passed the age of 18, but I am and I wasn't able to re adjust my status.

They gave us a month to leave, and it was just a big blur. I do not have money for a lawyer because you are right our case is extremely difficult, and they charge thousands of dollars.

I have no choice but to do it my self and see what happens. I just don't know where I can look up the status of how we left the country. We did not get a final paper from the officers that were on our removal.

I am just going to go one by one, submit the I-129F with everything, I have been checking the list. I just want to get the I-212 ready so I can just hand it in right away. I am scared that if I have to submit the I-601 it won't get approved and I should just give up. I heard it is really hard to get it approved, I mean I don't have any hardships to prove. My fiance is healthy and able and I live in Europe, not really a bad place.

I am frustrated with this whole thing, 16 years of struggle and it ends with me out of the country anyway.