Form I-212

[zoboluv 0]

I filed form I-212 petition to reapply for admission into the USA after deportation or removal on behalf of my husband who happen to be the beneficiary.He was deported some years ago from the US back to Nigeria.

The application was approved by USCIS in February 2008 and was subsequently forwarded to NVC for process.I waited a while and decided to contact NVC on phone concerning the notice of approval but was informed that they do not handle such cases.

It has been 4 months since the petition has been approved on behalf of my beneficiary who reside in Lagos, Nigeria.At this point, I am totally confused as to what is next. I do not know if my husband needs to contact the consulate in lagos himself with the approval letter to schedule a visa interview.

Please advice me on what to do.I will appreciate any useful information in this regard.

Thank you for your understanding.

Jessica Iwajomo

[emt103c 10]

Could you please post a timeline of what has happened. I asked for this in your other post. We need more information before we can answer your question.

Has he had his consular interview?

I-212's don't go to NVC to process, so. . .

Please give a timeline:

When/Where did you file the I-130?

When was your visa interview?

Did they ask for just a 212 or a 601 too?

Why was your husband deported? Timeline of stays in U.S. . . .

Edited July 12, 2008 by emt103c

[zoboluv 0]

THE WHOLE STORY FROM MY HUSBAND GIDEON

I got my visa in lagos it was a visitors visa,got to the state apply immidiately for asylum as told by my brother in law by his lawyer that asylum was refused and we appealled it with the board of appeal by the lawyer while all this was on I met my wife and we got married in 2004 june we then went to the lawyer and told him what was up so he told us we need to file an I-130 so we did while we were waiting for the response for the marriage petition the board of appeal denied the appeal and the lawyer now said that we need to go to another lawyer that he introduce us to that they are good with appealling with the board of immigrations appeal which we did and they appealled the case with the board all this is the asylum case and the board also denied the case so on the 3rd of march 2005 I was arrested at my job by the immigration that I have a final remover order.While all this was on we talk to another lawyer that said we should now just follow the I-130 petition cos that is what can keep me back in the state we paid him and followed his advice and while I was detained he was able to set up an interview for us by apply for stay of depotation and me and my wife were both interview seperately for the I-130 and it was approved.A week later they send a letter of revoke stating that on my visa application in lagos in 2002 I stated I was married.The lawyer told me and I explain that I was never married that the name on the application was that of my childhood friend that I will have loved to marry.They lawyer told us to get and affidavid of support from the girl saying she is married to someone else and that we should get a Judge in Lagos to support that we did my wife and all my family gave letter of support under oath and the lawyer in Denver put all this together and submited it the petition was then revoke and we were giving a letter that we can appeal so the lawyer went ahead and appealled it we have not heard back the lawyer in denver said it may take up to two years for us to get a respond to the appeal that he filed in SEPT 2005 and it is over two years we have not heard back.I told the lawyer to remove the stay of depotation after I lost my Dad in 2005 Nov.I was then deported on Jan 25 2006 to lagos.We got to talk to you after we have spent over($15,000=00) to the various lawyers,two of those lawyers have lost thier licences now because they have set so many people up so as to get thier money and when they are deported they can not see them again we have fall victim and we filled the I-212 in May 07 back in the states and that was approved on Feb 6 2008.That is all the story.

Could you please post a timeline of what has happened. I asked for this in your other post. We need more information before we can answer your question.

Has he had his consular interview?

I-212's don't go to NVC to process, so. . .

Please give a timeline:

When/Where did you file the I-130?

When was your visa interview?

Did they ask for just a 212 or a 601 too?

Why was your husband deported? Timeline of stays in U.S. . . .

[emt103c 10]

Okay, this is what I understand from your timeline:

2002 Enter U.S. on visitors’ visa (misrepresentation of marriage on application)

June 2004 marry USC wife

????? File I-130

March 3, 2005 Arrested for Deportation order

?? 2005 Interview for I-130 denied for Misrepresentation

January 25, 2006 Deported to Lagos

May 2006 Filed I-212, approved February 2007

Okay, it looks like you have a lot of work to do. Do you currently have an attorney or no?

Your initial question was why you haven't received anything from NVC after the approval of the I-212. This is because the I-212 does not go to NVC AND your initial petition (I-130) must be transferred after the visa was denied from the initial interview.

1. Since I-130's are active as long as the relationship exists, you will need to file a form with USCIS to have the file transferred to the consulate in your husband's home country--if you have not already done so. This form is the I-824.

2. Once they transfer it, it will go either directly to the NVC and you will have to file new applications (affidavit of support, DS-230, etc.) You will then get assigned an interview at the consulate.

3. It appears that your initial application was denied due to misrepresentation, which means that you will have to file an I-601 in addition to the I-212 that you already have approved. DO NOT forget to take proof of the approved I-212 to your interview date.

I am only working from the limited information provided. You may have already completed one or all of these steps in which case you are right on your way.

You will want to visit www.immigrate2us.net for help constructing an I-601 packet. . .and I would insist that you consult with an EXPERIENCED and HONEST attorney before making any big moves. . .it doesn't sound like any of your old attorneys qualify for this. Check out www.visacentral.net. . .she is very experienced. You could also check out www.humanrightsattorney.com for another very experienced attorney in I-601's and complicated cases.

Good luck. . .if you have anymore information or corrections to my understanding of the timeline, please post it!

[zoboluv 0]

Thank you for your useful comment and information.Right now my spouse and I are living legally in London. The stress and cost of travelling to Nigeria will be too much of a hasle for me .Usually the consulate in Lagos, Nigeria are very hash and always look for loopholes to turn the applicant down at all cost even if all evidence is right.Is there a way my case file or paper work be sent to the US embassy in london so that I can be interviewed? Your candid coment will be highly appreciated.

Okay, this is what I understand from your timeline:

2002 Enter U.S. on visitors’ visa (misrepresentation of marriage on application)

June 2004 marry USC wife

????? File I-130

March 3, 2005 Arrested for Deportation order

?? 2005 Interview for I-130 denied for Misrepresentation

January 25, 2006 Deported to Lagos

May 2006 Filed I-212, approved February 2007

Okay, it looks like you have a lot of work to do. Do you currently have an attorney or no?

Your initial question was why you haven't received anything from NVC after the approval of the I-212. This is because the I-212 does not go to NVC AND your initial petition (I-130) must be transferred after the visa was denied from the initial interview.

1. Since I-130's are active as long as the relationship exists, you will need to file a form with USCIS to have the file transferred to the consulate in your husband's home country--if you have not already done so. This form is the I-824.

2. Once they transfer it, it will go either directly to the NVC and you will have to file new applications (affidavit of support, DS-230, etc.) You will then get assigned an interview at the consulate.

3. It appears that your initial application was denied due to misrepresentation, which means that you will have to file an I-601 in addition to the I-212 that you already have approved. DO NOT forget to take proof of the approved I-212 to your interview date.

I am only working from the limited information provided. You may have already completed one or all of these steps in which case you are right on your way.

You will want to visit www.immigrate2us.net for help constructing an I-601 packet. . .and I would insist that you consult with an EXPERIENCED and HONEST attorney before making any big moves. . .it doesn't sound like any of your old attorneys qualify for this. Check out www.visacentral.net. . .she is very experienced. You could also check out www.humanrightsattorney.com for another very experienced attorney in I-601's and complicated cases.

Good luck. . .if you have anymore information or corrections to my understanding of the timeline, please post it!

[emt103c 10]

As long as he is a legal resident in England, he can indicate this on the I-824, and it should be able to be transferred instead to London. Look on the London Embassy website for current rules about this. . .most of the time it is fine.

[zoboluv 0]

Please we are not clear with the suggestion.Our I-130 is still in appeal in Denver and we have not heard anything back from them.What should we do?

Where do we file the form I-824 to USCIS in Denver or anywhere in the states?When do we contact this lawyer for the I-601 form applications?

[emt103c 10]

In the instructions for the I-824 it says, under "Where to File"

You should submit this form and any related evidence to the USCIS office that approved the original petition or application. This could be either a USCIS Service Center or local USCIS office.

Please remember that I am not an attorney. If there are compications in your case, or you are confused, please contact a licensed immigration attorney.

I would recommend that you talk with one of these two, they are very well known and knowledgeable ,

Laurel Scott: www.visacentral.net

Heather Poole www.humanrightsattorney.com