SPECIAL case: 212(d)(3) + H1B

[tsunami 0]

- 2000: I came to US with F1 visa. Involved in a fraud marriage. Turned out this was a scam ring, they took my money without helping me to get a green card. I was caught at the USCIS office by the Immigration and Customs Enforment officers. They asked for my help to catch the ring leader.

- 2004: I got a job, applied for H1B as usual. The H1B classification was approved. USCIS asked me to go back to my home coutry to get the H1B visa. But the ICE guy asked me to stay because the criminal case was still going. So I stayed in the US. They gave me a work permit. Two months after that, my F1 status expired. I currently have no immigration status beside the Work Permit.

- 2007: The criminal case ended. The ICE guy don't need me anymore. But I am still legally in the US because I still have the Work Permit until the end of this year.

- Now I want to ask my company to apply for H1B again. This time I will go back to my home country to interview. The ICE guy told me to be prepared to apply for 212(d)(3) waiver, but he didn't tell me the details.

- I called my attorney for a quote. He said H1B attorney fee is $2000. Waiver attorney fee is $2500. This attorney is old, but he is very cranky. Every time I asked a question, he just yelled at me. So Im not comfortable hiring him. But my company wants me to use him for H1B.

My questions are:

1/ Difference between 212(d)(3) and I-212? In this forum, people only use I-212, so I am confused.

2/ Is the quote he gave me reasonable? Can I prepare 212(d)(3) on my own?

3/ When do we submit the waiver? After my consulate interview fails or before it starts or it is up to the consulate officer to decide whether he will request a waiver for me and he will prepare all the docs?

4/ How long does it take to get the result of the waiver for a nonimmigrant visa?

5/ Although I commited fraud, I wasn't convicted or deported. The ICE guy just let me go on my own way with the Work Permit. The ICE guy did say the Consulate will see the fraud in my record. Should I wait to see if the interview fails before I hire an attorney to prepare the waiver supporting docs?

6/ Does anyone know a good attorney for 212(d)(3) waiver in the US?

Thank you in advance. Please tell me in details.

[Boiler 46,176]

Your I-94 determines status, not EAD. When does that expire?

As far as the legalities are concerned these are all for your prospective Employer, the Employer is the one appoints the Lawyer and pays the fees. Not a DIY job.

From a practical point of view, H's are applied for on the Ist April, issued on or after the 1st October, if you are lucky enough to get one in the lottery.

Whatever your status now, it sounds like at best it expires in a week or so.

[tsunami 0]

Your I-94 determines status, not EAD. When does that expire?

As far as the legalities are concerned these are all for your prospective Employer, the Employer is the one appoints the Lawyer and pays the fees. Not a DIY job.

From a practical point of view, H's are applied for on the Ist April, issued on or after the 1st October, if you are lucky enough to get one in the lottery.

Whatever your status now, it sounds like at best it expires in a week or so.

Thanks for your reply.

What is DIY?

I know I-95 determins status. That's why I am out of status. Mine expired July 2006. For the whole time, I have been staying because the ICE kept me and gave me the Work Permit.

I only tell my company that I need H1B. I didn't tell them that I need a 212(d)(3) waiver. This is a secret between me and the attorney. Maybe I can hire a seperate attorney to do the 212(d)(3) waiver, can't I?

I just found out that form I-192 is for 212(d)(3) waiver. Does any one have experience with this?

[Boiler 46,176]

Your I-94 determines status, not EAD. When does that expire?

As far as the legalities are concerned these are all for your prospective Employer, the Employer is the one appoints the Lawyer and pays the fees. Not a DIY job.

From a practical point of view, H's are applied for on the Ist April, issued on or after the 1st October, if you are lucky enough to get one in the lottery.

Whatever your status now, it sounds like at best it expires in a week or so.

Thanks for your reply.

What is DIY?

I know I-95 determins status. That's why I am out of status. Mine expired July 2006. For the whole time, I have been staying because the ICE kept me and gave me the Work Permit.

I only tell my company that I need H1B. I didn't tell them that I need a 212(d)(3) waiver. This is a secret between me and the attorney. Maybe I can hire a seperate attorney to do the 212(d)(3) waiver, can't I?

I just found out that form I-192 is for 212(d)(3) waiver. Does any one have experience with this?

DIY is Do It Yourself

Yor case is well beyond an internet forum, you need a good lawyer.

It ounds like you have been working whist out of status, the 3 year ban kicks in after 180 days of overstay. With all your issues your case needs a good lawer, I woul have thoght it would be impossible to hide it from your Employers attorney, if they have ben employing you whilst out of status, that sounds another issue.

[tsunami 0]

DIY is Do It Yourself

Yor case is well beyond an internet forum, you need a good lawyer.

It ounds like you have been working whist out of status, the 3 year ban kicks in after 180 days of overstay. With all your issues your case needs a good lawer, I woul have thoght it would be impossible to hide it from your Employers attorney, if they have ben employing you whilst out of status, that sounds another issue.

To work, you just need the Work Permit. And that's all I gave my employer. Of course, they know that when my work permit expires, they will need to apply for an H1B for me.

I need a very good attorney. Does any one know a good attorney in Los Angeles?

[Boiler 46,176]

To work, you just need the Work Permit. And that's all I gave my employer.

Its one of the things you need, you said you are out of status, in the the US illegally.

Of course, they know that when my work permit expires, they will need to apply for an H1B for me.

It will be too late by then.

I need a very good attorney. Does any one know a good attorney in Los Angeles?

http://www.folinsky.com/

I would be interested to know what he proposes, in general terms.

[tsunami 0]

To work, you just need the Work Permit. And that's all I gave my employer.

Its one of the things you need, you said you are out of status, in the the US illegally.

Of course, they know that when my work permit expires, they will need to apply for an H1B for me.

It will be too late by then.

I need a very good attorney. Does any one know a good attorney in Los Angeles?

http://www.folinsky.com/

I would be interested to know what he proposes, in general terms.

I didn't really fall out of status. The ICE guy told me that he had to put me in Deferred Action Status. I think this status is not an immigration status, but it serves the purpose for me to stay in the US legally while the criminal case is going on.

So I am not illegally in the US. That's why I can work (with the Work Permit)

I didn't know Folinsky is an attorney. How is he? Is he experienced with this stuff?

Edited December 20, 2007 by tsunami

[Boiler 46,176]

He answered your post on another site.

You seem to have at least 3 going, probably a few more at sites I do not visit often.

[tsunami 0]

He answered your post on another site.

You seem to have at least 3 going, probably a few more at sites I do not visit often.

You are right. It's interesting to find out you are on these 3 sites also.

I already called him and left a message. Hope he will be able to help me.

Thanks.

[diesel1 0]

I didn't really fall out of status. The ICE guy told me that he had to put me in Deferred Action Status. I think this status is not an immigration status, but it serves the purpose for me to stay in the US legally while the criminal case is going on.

So I am not illegally in the US. That's why I can work (with the Work Permit)

I didn't know Folinsky is an attorney. How is he? Is he experienced with this stuff?

Tsunami, I think you were out of status. Deferred Action is no status, it only means that ICE have chosen not to pursue your removal from the US at the time being. The work permit means nothing - I had my 1-year renewal EAD issued a month before I received my notification that I have to leave the US during a 30-day Voluntary Departure window!!!

In my opinion you have 2 main violations, besides failing to maintain your F-1 status (going to school):

1. Unlawful presence in the US for over 1 year - triggers a 10-year ban.

2. Marriage fraud - triggers a bar to permanent residency and other immigration benefits.

If you are applying for a Non-immigrant visa, there is a Waiver for the above under INA Section 212(d)(3)(A). I am not sure if you need to apply on I-212/I-601 or just the I-192. You definitely need a good lawyer! PM me for the contact details of one I can recommend.

Has anyone a clue on the I-192?

Edited December 22, 2007 by realtor 1

[blueblue 0]

I-212 is used to request re-entry after a deportation. Not relevant for you.

I-601 is used to waive an inadmissibility for an immigrant visa. Not relevant for you.

You will need the 212d3 waiver for non-immigrant visa. Different embassies handle this differently. I haven't seen many people on the boards who have had to go this route, so not much practical information to depart, unfortunately. The I-192 is the correct form for it (altho I have heard sometimes they don't use the form).