I-212 reply says 1yr processing time, WHAT!

[tonyroo 0]

My Hungarian wife of 15 months had her CR-1 consular interview early this month. She was told to submit the I-212 form to the Miami Field Office of Port of entry that deported her last year. She was told that once the I-212 was approved, her visa would be approved. I submitted the I-212 and support material before flying to visit her last week. The reply was waiting on my return and the letter stated there is a one year processing time.

Does anyone know of any recourse I have or do I just wait? Will her CR-1 visa application expire if not approved by the embassy within a year? Is I-212 processing held at the field office or a NSC?

The entire visa application has been running smooth until now. Submitted I-130 on 09/07 and had the consular interview 13 months later. I am acting as her agent.

Background on here removal.

The checkbox marked on the Order of Removal, 212(a)(7)(A)(i)(I).

Prior to knowing her, she had been to the U.S. 3 times on a B2 visa. She extended the 2nd visit stay by 6 months with an approved I539.

We met on her 4th visit. On her 5th visit, she was denied entry due to the extended visit, even though it was approved. I guess the "system" did not know. Under questioning, she admitted to working during previous B2 visits and when asked for the reason for her current visit, she said to visit her boyfriend. This now invalidates her B2 visa.

So she was removed because she worked under a B2 visa, came to the U.S. under the wrong visa type and because the "system" did not recognize her approved extension.

Is this hopeless?

[spookyturtle 9,466]

Was she formally removed, with a hearing? Or did she withdraw her application for admission and return home on the next available flight? When she went for her interview, her visa was denied, correct? The consulate said to send the waiver to Miami? This doesn't make sense from what I know, perhaps I am wrong. But if she was found to be imadmissable, the wavier is filed at the cosulate in her home country, not the US.

[emt103c 10]

When 212's are submitted alone, they are ALWAYS submitted to the local office over the area of deportation, and YES they often take that long, though it varies widely from office to office.

Mine went through Buffalo and took six months, there have been others that took a year like you mentioned and few who took a lot less time. If you have an extreme emergency, you can try for an expedite, but those are usually only granted in life or death emergencies. . .otherwise, you cannot even really do an inquiry until the normal processing time has passed.

I'm sorry to be the bearer of bad news. It is just one of those really crappy situations, however, the good news is that 212's are approved pretty easily in spousal cases.

Edited November 4, 2008 by emt103c

[spookyturtle 9,466]

When 212's are submitted alone, they are ALWAYS submitted to the local office over the area of deportation, and YES they often take that long, though it varies widely from office to office.

Mine went through Buffalo and took six months, there have been others that took a year like you mentioned and few who took a lot less time. If you have an extreme emergency, you can try for an expedite, but those are usually only granted in life or death emergencies. . .otherwise, you cannot even really do an inquiry until the normal processing time has passed.

I'm sorry to be the bearer of bad news. It is just one of those really crappy situations, however, the good news is that 212's are approved pretty easily in spousal cases.

I am curious to learn about this. In a case like this, no I-601 is necessary? So the consulate makes the ruling, but the I-212 is filed in country? Why is the I-601 needed in some deportation cases and not in others? Thanks.

[emt103c 10]

When someone is given an expedited removal is when this mostly happens. Expedited Removals can be given without any other inadmissibilities or charges.

It can also happen in cases where someone has already completed their ban for overstay, but has an old deportation order against them, since 180-365 days gets a 3 yr ban, but deportations get 5-10 (sometimes more) years ban. . .since the deportation ban lasts longer, it still needs the waiver.

The filing of a 212 gets stupid. . .if it is a non-immigrant visa--even a k1 or k3--you can file the 212 at the consulate and they forward it to USCIS with a recommendation. For Immigrant visas, it has to be filed at the local office over the area of deportation. . . the consulates don't usually know how to deal with this though because 601 and 212's are usually filed together. In fact, Montreal tried to FORCE my husband to file both, because that was what they were used to. . .it took many, many calls, inquiries, and letters to get the error corrected.

[tonyroo 0]

Was she formally removed, with a hearing? Or did she withdraw her application for admission and return home on the next available flight? When she went for her interview, her visa was denied, correct? The consulate said to send the waiver to Miami? This doesn't make sense from what I know, perhaps I am wrong. But if she was found to be imadmissable, the wavier is filed at the cosulate in her home country, not the US.

The I-212 form instructions state to submit at the local Field office at the attempted point of entry. I just do that i am instructed...

Aside from the projected wait time, is there an 'expiration date' on the still pending CR-1 visa? If it really takes a year or more to get a signature (what 'processing' takes 1 year, is it just "FIFO", the volume is that long or is everyone in South Beach ) I'm afraid the pending CR-1 will expire and I'll have to resubmit her visa application again.

Thanks

[spookyturtle 9,466]

When someone is given an expedited removal is when this mostly happens. Expedited Removals can be given without any other inadmissibilities or charges.

It can also happen in cases where someone has already completed their ban for overstay, but has an old deportation order against them, since 180-365 days gets a 3 yr ban, but deportations get 5-10 (sometimes more) years ban. . .since the deportation ban lasts longer, it still needs the waiver.

The filing of a 212 gets stupid. . .if it is a non-immigrant visa--even a k1 or k3--you can file the 212 at the consulate and they forward it to USCIS with a recommendation. For Immigrant visas, it has to be filed at the local office over the area of deportation. . . the consulates don't usually know how to deal with this though because 601 and 212's are usually filed together. In fact, Montreal tried to FORCE my husband to file both, because that was what they were used to. . .it took many, many calls, inquiries, and letters to get the error corrected.

I didn't know that an I-212 could be file alone. When is expedited removal used vs. voluntary derparture or formal deportation?

[emt103c 10]

I didn't know that an I-212 could be file alone. When is expedited removal used vs. voluntary derparture or formal deportation?

Expedite Removal is what they do when you are denied at the border and they don't allow you to withdraw your application. The officer conducts an "investigation" which is just questioning you and then deports you, i.e. makes you turn around and go back, whether by car, foot or air. . .it counts same as a deportation by a judge which is what is regularly a deportation. The only difference is that ER gets you (usually) a 5 yr ban instead of the 10 a judge normally gives.

Voluntary departure is when a judge grants you the right to leave on your own at your own expense by a certain date. . .if you don't leave, then they will eventually deport you.

Was she formally removed, with a hearing? Or did she withdraw her application for admission and return home on the next available flight? When she went for her interview, her visa was denied, correct? The consulate said to send the waiver to Miami? This doesn't make sense from what I know, perhaps I am wrong. But if she was found to be imadmissable, the wavier is filed at the cosulate in her home country, not the US.

The I-212 form instructions state to submit at the local Field office at the attempted point of entry. I just do that i am instructed...

Aside from the projected wait time, is there an 'expiration date' on the still pending CR-1 visa? If it really takes a year or more to get a signature (what 'processing' takes 1 year, is it just "FIFO", the volume is that long or is everyone in South Beach ) I'm afraid the pending CR-1 will expire and I'll have to resubmit her visa application again.

Thanks

The CR-1 will not expire while you wait on the approval, the consulate just waits for it. You may have to resubmit the DS-230, but not the I-130.

[spookyturtle 9,466]

Any idea why they would do expedited removal instead of allowing one to withdraw their application for admission? Or is it just up to the whim of the officer at the time?

[tonyroo 0]

The CR-1 will not expire while you wait on the approval, the consulate just waits for it. You may have to resubmit the DS-230, but not the I-130.

I contacted USCIS and NVC asking if the CR-1 had an expiration date. NVC said contact USCIS or the embassy. USCIS had no idea. The embassy replied the next day saying the CR-1 has no expiration date and no other fees are required, only that the police record check is good for 1 year and the medical check is good for 6 months. These will need to be updated accordingly.

I will probably contact a lawyer in the Miami area in the next few days. I have done everything myself but this is a little over my head. Getting some legal advice will not hurt except the bank account. Who knows, maybe I can knock off a few months of wait time.

[emt103c 10]

Tony--Lawyers cannot change processing time. No one really can. Liaison inquiries can help sometimes, but not usually.

Spooky--It's up to the officer. . .if he is suspicious, thinks there is a history, or is just in a crappy mood. . . .or if the immigrant doesn't know to request to withdraw the petition.

[tammy2688 1]

Emt is very knowledgable about this and other aspects of the immigraton process so I would take her word in it. I will tell you personally, even without a 212, my husband's processing took 13 months so you are not alone and you could have had this wait with only AP as well.

Hang in there and no, not even the president can expediate this let alone a lawyer. You have to follow the procedures, subit the necessary documents (and yes, getting waivers in spouse visa is easier) and wait it out. This has happened to quite a few people and most who stuck through it recieved visa in the end and it really does take a lot of patience and faith to endure this.

God bless,

Tam

[blondedoc 35]

Hey, Tonyroo

I don´t know if you still get in here, but I want to know how long did it took...

I´m at the same situation and I want to "prepare" myself for the worse...

How long you waited?

I´m filling the I-30 at the same time of the I-212, the reason to ask for the I-212 is different about your situation but, still... I have a lone i-212 waiting time...

I´ll appreciate if you can tell me more about that.

Thank you!

[TBoneTX 46,067]

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