601 requested in error?

[emt103c 10]

Has anyone here ever been asked to submit an I-601 when there was no outstanding ban for overstay or other immigration charge/reason for inadmissibility (even per the consulate)?

Has anyone ever been asked to submit an I-601 when they were only legally required to submit and I-212 (for example someone who was denied entry and given an expedited removal) who was not deported for other reason such as overstay/misrepresentation?

I am in this situation at this point, one consular official told me somewhere in the line, "This is the only way we do it." (i.e. accept both forms at the consulate) Note: This is correct, because if the 212 is submitted alone the consulate doesn't ever touch it in Immigrant visa cases.

All consulates have to go by the Immigration and Nationality Act standards, right? They cannot require a 601 if there is no reason that they can site, right? If they give you a form that says the reason for a waiver is an Expedited Removal they have to abide by INA 212 a 9 B 1, right?

(9) 12/ ALIENS PREVISOUSLY Removed.-

(A) Certain aliens previously removed.-

(i) Arriving aliens.-Any alien who has been ordered removed under section 235( B )(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal. . . . .

(iii) Exception.-Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien's reapplying for admission. http://www.uscis.gov/propub/ProPubVAP.jsp?...fb0686648558dbe

Permission to Reapply=I-212

Edited March 15, 2008 by emt103c

[emt103c 10]

I'm sorry, I meant 212a 9A1, I mistyped, but quoted the right part, sorry :-(

[new orleans bound 0]

Has anyone here ever been asked to submit an I-601 when there was no outstanding ban for overstay or other immigration charge/reason for inadmissibility (even per the consulate)?

Has anyone ever been asked to submit an I-601 when they were only legally required to submit and I-212 (for example someone who was denied entry and given an expedited removal) who was not deported for other reason such as overstay/misrepresentation?

I am in this situation at this point, one consular official told me somewhere in the line, "This is the only way we do it." (i.e. accept both forms at the consulate) Note: This is correct, because if the 212 is submitted alone the consulate doesn't ever touch it in Immigrant visa cases.

All consulates have to go by the Immigration and Nationality Act standards, right? They cannot require a 601 if there is no reason that they can site, right? If they give you a form that says the reason for a waiver is an Expedited Removal they have to abide by INA 212 a 9 B 1, right?

(9) 12/ ALIENS PREVISOUSLY Removed.-

(A) Certain aliens previously removed.-

(i) Arriving aliens.-Any alien who has been ordered removed under section 235( B )(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal. . . . .

(iii) Exception.-Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien's reapplying for admission. http://www.uscis.gov/propub/ProPubVAP.jsp?...fb0686648558dbe

Permission to Reapply=I-212

Have you tried emailing Montreal and seeing what they say. It's really hard to get them to actually give you a straigh forward answer. I wish I could help you. But I knew from the start that I would have to file a waiver. I just didn't expect that it would take over 3 years to approve.

[emt103c 10]

I know, your case and my case are both frightful. There is just no excuse for your case! They should have finished their work a long time ago!

I'm trying to be understanding in this situation, but REALLY, what will it take to get a competent answer? I've emailed and faxed. I have three QUALIFIED immigration attorneys who agree that I do not need a 601. My husband does not legally need it. I'm hoping someone who has successfully corrected this problem will stumble across the post and tell me how they did it. I've emailed, faxed and have Senate/House Reps writing letters, I'm just afraid an attorney is going to be the only way to get my point across!

[blueblue 0]

In theory, the consulates are supposed to follow the law, in practice however, because there is really no accountability they are free to act as they please. This can include requiring forms that aren't required, denying visas based on assumptions with no supporting evidence or facts, and much more. Fortunately the majority works properly, but there is a significant minority (in my experience) that operates at their own discretion.

The net result is that you are at their mercy. The first you can do is to present your legal argument to them that the I-601 is not required and try to convince them. Sometimes having a lawyer or Congress office help in this can help make a stronger argument, but not always. If that works, great. You might also try to contact a higher up official in the State Dept Bureau of Consular Affairs. I believe this is the only way our case finally came to a resolution, even though we had to file the waiver, wait for it to be denied, file a MTR that was ignored, request an advisory opinion that responded incorrectly, and finally on appeal the AAO admitted the waiver was never needed in the first place.

The last thing you can do, is just file the 601, state in it the legal argument as to why it is not required but that you are filing it only at the requirement of the embassy. You will be out $545, but it probably won't add much time to the adjudication of your I-212 and at least the embassy will then accept your I-212.

Just my 2cents.

[emt103c 10]

In theory, the consulates are supposed to follow the law, in practice however, because there is really no accountability they are free to act as they please. This can include requiring forms that aren't required, denying visas based on assumptions with no supporting evidence or facts, and much more. Fortunately the majority works properly, but there is a significant minority (in my experience) that operates at their own discretion.

The net result is that you are at their mercy. The first you can do is to present your legal argument to them that the I-601 is not required and try to convince them. Sometimes having a lawyer or Congress office help in this can help make a stronger argument, but not always. If that works, great. You might also try to contact a higher up official in the State Dept Bureau of Consular Affairs. I believe this is the only way our case finally came to a resolution, even though we had to file the waiver, wait for it to be denied, file a MTR that was ignored, request an advisory opinion that responded incorrectly, and finally on appeal the AAO admitted the waiver was never needed in the first place.

The last thing you can do, is just file the 601, state in it the legal argument as to why it is not required but that you are filing it only at the requirement of the embassy. You will be out $545, but it probably won't add much time to the adjudication of your I-212 and at least the embassy will then accept your I-212.

Just my 2cents.

Thank you for your response. I do have my Senate and House liaison both working on it. If that doesn't work I plan to hire an attorney I've been speaking to. I sent the letter to both the Consul General, the Section Chief that wrote me the requirement, and the operator who emailed me the request as well. The main problem is that my 212 is already submitted to the District office--where it was supposed to go per law and attorneys, and is two weeks from completion, per the district office officials.

If they won't accept my approved 212--assuming they don't screw it up with their illegal 601 request--I just won't know what to do. The law is very obvious. There is no wiggle room in this case.

I agree with all that you said.

[blueblue 0]

I sent the letter to both the Consul General, the Section Chief that wrote me the requirement, and the operator who emailed me the request as well. The main problem is that my 212 is already submitted to the District office--where it was supposed to go per law and attorneys, and is two weeks from completion, per the district office officials.

If they won't accept my approved 212--assuming they don't screw it up with their illegal 601 request--I just won't know what to do. The law is very obvious. There is no wiggle room in this case.

I agree with all that you said.

In addition to the higher ups at the embassy, I would also suggest contacting DOS in Washington. I called the office of the AssistSec of State for Consular Affairs, at the time was Maura Harty. They were EXTREMELY helpful, I only wish I had contacted them sooner than after 5+ years. I believe Harty has left now not sure who the new Assist Sec of CA is, but that same office should be able to help. To be clear, I'm not talking about a Visa Specialist, but the actual office of the Assist Sec. I don't have the numbers handy but they are listed in the DOS phone list.

Edited March 19, 2008 by blueblue

[emt103c 10]

In addition to the higher ups at the embassy, I would also suggest contacting DOS in Washington. I called the office of the AssistSec of State for Consular Affairs, at the time was Maura Harty. They were EXTREMELY helpful, I only wish I had contacted them sooner than after 5+ years. I believe Harty has left now not sure who the new Assist Sec of CA is, but that same office should be able to help. To be clear, I'm not talking about a Visa Specialist, but the actual office of the Assist Sec. I don't have the numbers handy but they are listed in the DOS phone list.

I will DEFINITELY look this up. Thank you for the tip!

[emt103c 10]

Did you just use the regular Inquiry line--the one to talk to a visa specialist--and ask for that department? That is the only number I am finding.

[new orleans bound 0]

Did you just use the regular Inquiry line--the one to talk to a visa specialist--and ask for that department? That is the only number I am finding.

EMT, any word on your case and pending I-212? Did you try reaching DOS in Washington? I'm curious to see if you get anywhere with your case. That might be my next avenue.

[emt103c 10]

I have not contacted them yet because I'm going to give Montreal til the end of this week to respond--because of the holiday. Once that time is over, I plan on contacting the DOS to get them on it. I am hoping that Montreal will send an affirmative answer through the Senator's office before then, they seem to only respond to the Senator's office. . .never to me or my husband.

The letter has been sent through five different "avenues" so someone should have an answer soon.

[Nutty 2]

I think you are entering into a situation where you need to get a knowledable immigration lawyer who can determine if the requests of the Consulate are contradicting their own guidelines.

Please also look at the WAIVER FORUM, I listed contact info for the Inspector General for the Department of State.

But still, I sincerely do think you need legal representation at this point.

Best of luck.

Tina

OOPS, sorry didn't see you already had three attorneys look at this.

Man, sincerely hope you get those DOS BA#@#RDS to follow their own damn rules!

Edited April 5, 2008 by Nutty

[emt103c 10]

I think you are entering into a situation where you need to get a knowledable immigration lawyer who can determine if the requests of the Consulate are contradicting their own guidelines.

Please also look at the WAIVER FORUM, I listed contact info for the Inspector General for the Department of State.

But still, I sincerely do think you need legal representation at this point.

Best of luck.

Tina

OOPS, sorry didn't see you already had three attorneys look at this.

Man, sincerely hope you get those DOS BA#@#RDS to follow their own damn rules!

I agree with you and thank you

I actually spoke to one very experienced attorney who told me that I might be better off just filing the extra waiver because it takes so long for Montreal to do ANYTHING that even 18 months for the waiver might take less time than getting them to reverse their own error.

It has now been three weeks and they have sent nothing back. I finally called DOS to find a supervisor over Consulates in a different office than the one you posted, however, the office you posted is on my list. I thank you for posting that. I may very well need it if the things I've done so far don't help. I called one of the offices at the Asst. Sec. of Consular Affairs, who was helpful and said she knew my CO, personally, and understood my point. She said my case was complicated enough that they may have just overlooked something. . .I have a Senator and a House Rep liaison in contact with the Consulate. They and I have written a letter to the CO and the Consul General, in addition to writing a letter to a fictitious Operator "7" at the Consulate who happened to email me an extotionist letter about my husband's case.

I just wish I could get fairness. I am not asking for favors at this point. I just want them to follow the law. I have been patient, now I'm just too exhausted with all of this to do anything but *sigh*

[emt103c 10]

Just an update: I received a call from the consulate this morning acknowledging the error and letting me know that I am not required to file a 601. Thank you so much to all those who replied to this topic. I am so excited! I have been screaming for the last hour.

[Nutty 2]

I think you are entering into a situation where you need to get a knowledable immigration lawyer who can determine if the requests of the Consulate are contradicting their own guidelines.

Please also look at the WAIVER FORUM, I listed contact info for the Inspector General for the Department of State.

But still, I sincerely do think you need legal representation at this point.

Best of luck.

Tina

OOPS, sorry didn't see you already had three attorneys look at this.

Man, sincerely hope you get those DOS BA#@#RDS to follow their own damn rules!

I agree with you and thank you

I actually spoke to one very experienced attorney who told me that I might be better off just filing the extra waiver because it takes so long for Montreal to do ANYTHING that even 18 months for the waiver might take less time than getting them to reverse their own error.

It has now been three weeks and they have sent nothing back. I finally called DOS to find a supervisor over Consulates in a different office than the one you posted, however, the office you posted is on my list. I thank you for posting that. I may very well need it if the things I've done so far don't help. I called one of the offices at the Asst. Sec. of Consular Affairs, who was helpful and said she knew my CO, personally, and understood my point. She said my case was complicated enough that they may have just overlooked something. . .I have a Senator and a House Rep liaison in contact with the Consulate. They and I have written a letter to the CO and the Consul General, in addition to writing a letter to a fictitious Operator "7" at the Consulate who happened to email me an extotionist letter about my husband's case.

I just wish I could get fairness. I am not asking for favors at this point. I just want them to follow the law. I have been patient, now I'm just too exhausted with all of this to do anything but *sigh*

I agree filing the extra waiver is probably faster than having them reverse their own error. 18 months??!!

I am not aware of the "ficticious Operating 7" and the extortion letter....what is that about? Hopefully, you saved the email and can provide it to your lawyer to follow up on it.

Best of Luck!