I-212 and my Wife Saga...

[Boiler 44,858]

You said that they rescinded the 212? How and when did that happen, never heard of them doing that in this sort of case.

I see no need for a 601, not that it really matters as the standards are the same. The 212 gets adjudicated by the POE and the time for that to happen is all over the place. Just wondering if you have been going to the office where the decision is made, unusual to get access directly.

http://www.scottimmigration.net/ Spend some dollars on a consultation with this lady, she will put you straight.

[OctaneGuy 0]

Not sure where I said that, but no, the I-212 is still being reviewed. From what I've been told by the USCIS, the decision is being made by the Los Angeles office where the case was originally submitted and where jurisdiction is.

I've already spent over $14,000 in lawyer fees trying to get this through...I'm out of $$.

You said that they rescinded the 212? How and when did that happen, never heard of them doing that in this sort of case.

I see no need for a 601, not that it really matters as the standards are the same. The 212 gets adjudicated by the POE and the time for that to happen is all over the place. Just wondering if you have been going to the office where the decision is made, unusual to get access directly.

http://www.scottimmigration.net/ Spend some dollars on a consultation with this lady, she will put you straight.

Edited June 2, 2011 by OctaneGuy

[Boiler 44,858]

Not sure where I said that, but no, the I-212 is still being reviewed. From what I've been told by the USCIS, the decision is being made by the Los Angeles office where the case was originally submitted and where jurisdiction is.

I've already spent over $14,000 in lawyer fees trying to get this through...I'm out of $$.

Ouch

That is waay over.

I am not suggesting you appoint her, I am suggesting you consult with her, a couple of hundred bucks.

[Used to be broken 147]

Ouch

That is waay over.

I am not suggesting you appoint her, I am suggesting you consult with her, a couple of hundred bucks.

Laurel Scott has a good reputation with I601 cases (she only takes certain types of cases) but often admits in her chats removals are not her "thing" and discusses the problematic nature of the "lone I212" as well.

But as I have suggested , use the "free" method of having USCIS Ombudsman do the legwork and maybe shaking out the problems in this case;

http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf

[OctaneGuy 0]

Sorry took me a while to type this whole thing out. Note that my wife had a valid visa and passport at the time. The working part was an interpretation of the officer who asked how my wife could be living in the US without working, and she mentioned she was staying with a friend who was offering her food and shelter in exchange for helping do some errands. This was the friend that asked her to come to the US to see if they might be able to do business together in Asia. It turns out that if you are coming to the US to seek out a business opportunity, it IS permissible to be compensated for food and housing in order to do so, but the LAX officer decided otherwise.

****************

Pursuant to section 235(b)(1) of the Immigration and Nationality Act (Act),(8 U.S.C. 1225(b)(1)), the Immigration and Naturalization Service has determined that you are inadmissible to the United States under section(s) 212(a)(7)(A)(i)(1) of the Act, as amended, and therefore are subject to removal, in that:

1) # You are not a citizen or national of the United States

2.) You are a citizen and national of Hong Kong

3.) You are an immigrant not in possession of a valid unexpired immigrant visa, reentry permit, border crossing card, or other valid entry document required by the Immigration and Nationality Act

... (Continued on I-831)

4.) You are an immigrant not in possession of a valid unexpired passport or other suitable travel document, or document of identity and nationality.

5.) You have admitted to living and working in the United States over the course on at least one year without prior approval from the United States Government.

Order of Removal under Section 235(b)(1) of the Act

Based upon the determination set forth above and evidence presented during inspection or examination pursuant to section 235 of the Act, and by the authority contained in section 235(b)(1) of the Act, you are found to be inadmissible as charged and ordered removed from the United States.

Check here if supervisory concurrence was obtained by telephone or other means(no supervisor on duty)

You have been found to be inadmissible to the United States under the provisions of section 212(a) of the Immigration and Nationality Act(Act) or deportable under the provisions of section 237 of the Act as a Visa Waiver Pilot program violator. In accordance with the provisions of section 212(a)(9) of the Act, you are prohibited from entering, attempting to enter, or being in the United States

For a period of 5 years from the date of your departure from the United States as a consequence of your having been found inadmissible as an arriving alien in proceedings under section 235(b)(1) or 240 of the Act.

After your deportation or removal has been effected, if you desire to reenter the United States within the period which you are barred, you must request and obtain permission from the Attorney General to reapply for admission to the United States. You must obtain such permission before commencing your travel to the United States. Application forms for requesting such permission may be obtained by contacting any United States Consulate or office of the United States Immigration and Naturalization Service.

Edited June 3, 2011 by OctaneGuy

[Darnell 8,478]

there's some super secret squirrel contacts / addresses in GoGo's address book - have you gotten it, yet?

[OctaneGuy 0]

Thanks! I filled out the form today, but need my wifes signature on it, so just waiting for her to wake up...our timezones are flipped.

But as I have suggested , use the "free" method of having USCIS Ombudsman do the legwork and maybe shaking out the problems in this case;

http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf

I downloaded it and got overwhelmed with all the contacts! It was awesome, but not certain where to even start!!

there's some super secret squirrel contacts / addresses in GoGo's address book - have you gotten it, yet?

[Darnell 8,478]

spend half a day reading it, so you'll have some idea of who's who, where, and then start xrefing it with 'what they do' and 'domain'.

There's bound to be at least 4 big wigs in there that handle procedural f*ckups, similar to yours.

[OctaneGuy 0]

Thanks for all the suggestions everybody! Much appreciated! I've googled everything I can about anything related to our immigration case and it's all so frustrating. Each case is always so different, and hard to find anything similar to ours. We really appreciate your help!!!!

Richard & May

spend half a day reading it, so you'll have some idea of who's who, where, and then start xrefing it with 'what they do' and 'domain'.

There's bound to be at least 4 big wigs in there that handle procedural f*ckups, similar to yours.

[Boiler 44,858]

Laurel Scott has a good reputation with I601 cases (she only takes certain types of cases) but often admits in her chats removals are not her "thing" and discusses the problematic nature of the "lone I212" as well.

But as I have suggested , use the "free" method of having USCIS Ombudsman do the legwork and maybe shaking out the problems in this case;

http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf

Removals from the US where a US court case is involved. That apart from anything needs someone local.

212 and 601 often go together.

http://immigrate2us.net/forum/forumdisplay.php?24-Laurel-Scott-Chat-Logs

Her free chat, might be a bit complicated for the chat.

[JAPrincess 27]

Thank you. Not yet. My attorney initially advised me that this could cause delays when we first were waiting for the case to be reviewed. This is our second attorney. Our first one made 4 critical mistakes and the final straw was when I was in Hong Kong with my wife at the HK Consulate and they couldn't find our I-212 application and told the 1st attorney to fax me a copy and immediately saw they filed it under the WRONG case number (numbers were transposed). I flew back to LA, fired the lawyer, amended the case, hired a new one and the wait started all over again from 0.

An officer at LAX airport accused her of working without a proper visa. From 1987 to 2006, she had never once overstayed a visa, though she frequently traveled back and forth from her hometown in Hong Kong to the US. I first met her in 1991 where we went to Architecture school together and although we were friends and I liked her, I would go on to marry someone else who I later divorced, and rediscovered my wife through FaceBook thanks to a 20 year high school reunion. We met up in Taiwan where she was living, fell hopelessly in love and 4 months later got engaged and 7 months later got married (in Hong Kong), and then began this long road to bring her home.

When she in the US, she was supported by her family and didn't work. From 2005-2006, her mom was dying of cancer and my wife stayed at her side to care for her, a friend of my wife's told her about seeking potential work in Asia, but she would have to come to the US first, her mother urged her to go check it out instead of caring for her...so she made the tough decision to go back to the US, and she got stopped at LAX where they accused her of working and not believing all those years she could be going to and from the US without working. They held her at San Pedro for a week under the mistaken assumption she was an asylum case...they wouldn't let her use the phone, told her she's not a citizen and has no rights...she was able to eventually use the phone and call a lawyer friend of her who got her out, and they immediately deported her. She had a return ticket, but they escorted her to the plane in handcuffs and took her passport..she didn't know her mother had passed away while she was in custody.

We filed an I-212 for a number of reasons that included my own deteriorating health due to stress, my father's recent declining heart problems, the fact I'm self employed and cannot move my business overseas as I have leases and employees to consider and I have lived in the US all my life and do not speak Chinese, and I work in a specialized industry, that I have a 7 year old son who depends on me and an ex wife whom I make child support payments to, and there were a few extraordinary things that happened to me this past year that really devastated me and my wife helped me get through them.

Richard

My God

The more I read, the more I learn, the more discouraged I am.

This post broke my heart

I pray that you and your wife are re-united soon.

[OctaneGuy 0]

I just want to thank everyone for their support. The contact list of phone numbers was immensely helpful. My lawyer was able to call the USCIS LA Office and talk to the officer in charge of our case and it was determined the I-212 was being approved and that they would be contacting the Hong Kong consulate in the next week.

My baby is finally coming home. I cannot tell you how happy I am...it feels like a dream...we've had so many let downs, I want to believe that this is finally it.

Thank you!!!!

Richard

My God

The more I read, the more I learn, the more discouraged I am.

This post broke my heart

I pray that you and your wife are re-united soon.

[TBoneTX 44,674]

What a relief. Congratulations, si man!

[Bocajr27 3]

congrats my friend. I know how you feel.

[OctaneGuy 0]

Thanks!!

We now have a pressing issue because our medical will expire next month, since it's valid only for 6 months and we last did it in January during my wifes interview at the Hong Kong consulate. Hopefully the UCSIS doesn't drag their feet on getting this approval letter out because we just need a scan of it to move things forward with the HK Consulate. What's complicated is that for various reasons, the medical was done in her home country (HK), not the one she has been living in for the past 5 years, so if she has to redo it, there is the cost of an international flight involved and time to get it done and expedited....the stress isn't totally gone yet, lol.

Richard

congrats my friend. I know how you feel.