Denied K1 visa, 3 years ban

[andana_dj 0]

I had my k1 interview on March 5th. Due to a previous visit to USA, a year ago, and that I worked for 3 months without an EAD card,while my visa extension was pending I got a 3 years ban with the right to fill in I-601 HARDSHIP waiver and 212.

We are very depressed!

If you had a similar situation PLEASE let us know if you were ever approved a waiver.

Is it worth it to try to fill in this waiver ? what are the chances that it will be approved? how long does it take for its processing? Should we hire a lawyer or we can do it ourselves?

Any suggestions and advises are helpful!

Thank you

[Minya's wife 25]

I had my k1 interview on March 5th. Due to a previous visit to USA, a year ago, and that I worked for 3 months without an EAD card,while my visa extension was pending I got a 3 years ban with the right to fill in I-601 HARDSHIP waiver and 212.

We are very depressed!

If you had a similar situation PLEASE let us know if you were ever approved a waiver.

Is it worth it to try to fill in this waiver ? what are the chances that it will be approved? how long does it take for its processing? Should we hire a lawyer or we can do it ourselves?

Any suggestions and advises are helpful!

Thank you

what kind of visa were you on here in the US? was it a work-authorized type visa?

I would consult with a good attorney(specializing in these types of waivers) to ensure that you have the best assistance to complete these forms.

-P

[andana_dj 0]

I had my k1 interview on March 5th. Due to a previous visit to USA, a year ago, and that I worked for 3 months without an EAD card,while my visa extension was pending I got a 3 years ban with the right to fill in I-601 HARDSHIP waiver and 212.

We are very depressed!

If you had a similar situation PLEASE let us know if you were ever approved a waiver.

Is it worth it to try to fill in this waiver ? what are the chances that it will be approved? how long does it take for its processing? Should we hire a lawyer or we can do it ourselves?

Any suggestions and advises are helpful!

Thank you

what kind of visa were you on here in the US? was it a work-authorized type visa?

I would consult with a good attorney(specializing in these types of waivers) to ensure that you have the best assistance to complete these forms.

-P

Yes it was an H2B visa based on work.

But there was a problem with that company i applied for that extension cause it was one of those fake ones,and I realsed that a bit too late...and that petition for extension is pending even now after more than a year since I applied for it. I was forced to work cause no other resources to live

[YuAndDan 153]

Moving to the Waivers forum

[TimandJoyce 1]

I'm so sorry for your experience! I really don't know to much information on those types of visa's, but I think that a lawyer may be a good idea, especially if it was one that you found out too late there was something wrong.

Shop around with lawyers though! There are good ones out there I'm sure, but it takes a little digging. I hope someone else here can give you insight to the waiver forms and processing. Maybe see if a congressman or senator could help too. *shrugging about that one, as I'm not familiar enough with their authority*

Best wishes for you both!

[emt103c 10]

Check out www.i2us.net for waiver information there is a ton of information and resources there.

Were you deported too?

[andana_dj 0]

Check out www.i2us.net for waiver information there is a ton of information and resources there.

Were you deported too?

Thank you for your insights. No, I was not deported....I left myself.

[emt103c 10]

The I-212 is only for deportations. If you were not deported, you will not need to file it.

[andana_dj 0]

The I-212 is only for deportations. If you were not deported, you will not need to file it.

I got 212 (a)(9)(B)(i)(I)-applicant working illegally in USA while change or extension of status was pending

[NKH87 0]

Just out of curiosity. Did u admit to working while ur case was pending (like on ur DS156) or did they find out by running ur name through the system and seeing and open application or whatever?

[emt103c 10]

The I-212 is only for deportations. If you were not deported, you will not need to file it.

I got 212 (a)(9)( B )(i)(I)-applicant working illegally in USA while change or extension of status was pending

212 is the section of law in that case, not the form number you need to file. Are you saying you were deported on trying to enter the U.S? As in an expedited removal, or just quoting the law? Because, 212 9BiI is overstay, not working without authorization. There is nothing actually in the INA as a charge of inadmissibility for working without authorization unless you count Misrepresentation (visa fraud) where you come in as a tourist and start working and that is INA 2126c and usually isn't used for that type of misrepresentation anyway. . .

2129BI is waiveable with an I-601.

[andana_dj 0]

The I-212 is only for deportations. If you were not deported, you will not need to file it.

I got 212 (a)(9)( B )(i)(I)-applicant working illegally in USA while change or extension of status was pending

212 is the section of law in that case, not the form number you need to file. Are you saying you were deported on trying to enter the U.S? As in an expedited removal, or just quoting the law? Because, 212 9BiI is overstay, not working without authorization. There is nothing actually in the INA as a charge of inadmissibility for working without authorization unless you count Misrepresentation (visa fraud) where you come in as a tourist and start working and that is INA 2126c and usually isn't used for that type of misrepresentation anyway. . .

2129BI is waiveable with an I-601.

Reread please what I stated earlier: I WAS NOT DEPORTED EVER.....I left by myself,and never got any notices about this issue.

And 212 9BiI is for my 3 years ban. I did not overstay.My extension was pending,which means I have the right to be in states as long as my case is pending. and yes I have to fill my I-601, just not sure if its worth the trouble....and probably denied at the end too!

I was actually expecting some info from people that had similar situations and could advise us anything about this hardship waiver.

But thank you for your time anyway

[canadian_wife 1,822]

you may want to check out www.immigrate2us.net. There is LOTS of information there on waivers and lots of people in the same situation as you.

good luck.

[Carlawarla 1]

The I-212 is only for deportations. If you were not deported, you will not need to file it.

I got 212 (a)(9)( B )(i)(I)-applicant working illegally in USA while change or extension of status was pending

212 is the section of law in that case, not the form number you need to file. Are you saying you were deported on trying to enter the U.S? As in an expedited removal, or just quoting the law? Because, 212 9BiI is overstay, not working without authorization. There is nothing actually in the INA as a charge of inadmissibility for working without authorization unless you count Misrepresentation (visa fraud) where you come in as a tourist and start working and that is INA 2126c and usually isn't used for that type of misrepresentation anyway. . .

2129BI is waiveable with an I-601.

Reread please what I stated earlier: I WAS NOT DEPORTED EVER.....I left by myself,and never got any notices about this issue.

And 212 9BiI is for my 3 years ban. I did not overstay.My extension was pending,which means I have the right to be in states as long as my case is pending. and yes I have to fill my I-601, just not sure if its worth the trouble....and probably denied at the end too!

I was actually expecting some info from people that had similar situations and could advise us anything about this hardship waiver.

But thank you for your time anyway

Have you visited this forum before? If not, you'd have known that the information emt103c offers is timely, and accurate. I believe she was asking some further information and clarification and your comments were uncalled for. If it wasn't for people like her, there would have been very few answers for your query. She HAS been in similar situations, and I find your demeaning attitude offensive. I understand you're frustrated and upset about your visa situation at this time, but your response to people on this site who volunteer their time to answer questions is uncalled for.

[emt103c 10]

Reread please what I stated earlier: I WAS NOT DEPORTED EVER.....I left by myself,and never got any notices about this issue.

And 212 9BiI is for my 3 years ban. I did not overstay.My extension was pending,which means I have the right to be in states as long as my case is pending. and yes I have to fill my I-601, just not sure if its worth the trouble....and probably denied at the end too!

I was actually expecting some info from people that had similar situations and could advise us anything about this hardship waiver.

But thank you for your time anyway

Sweetheart, I am trying to explain to you that you are incorrect in your assumption that you need an I-212, and that the ban you listed is, IN FACT, an overstay ban as is stated in the Immigration and Nationality Act piece of law that you cited.. . . but since you are not willing to read the very important legal information that I have posted for you without freaking out, I will no longer answer your questions.

As you wish, have a nice day.

Edited March 10, 2009 by emt103c