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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted

Hello everyone, I have a question about the ds 230.

I was given voluntary departure after my assylum case was denied and left within the time they gave me. I was never illegal in the U.C

I have a question about the 230 on question 30 h it says:

"An alien who was previously ordered removed within the last 5 years or ordered removed a second time within the last 20 years; who was previously unlawfully present and ordered removed within the last 10 years or ordered removed a second time within the last 20 years; who was convicted of an aggravated felony and ordered removed; who was previously unlawfully present in the United States for more than 180 days but less than one year who voluntarily departed within the last 3 years; or who was unlawfully present for more than one year or an aggregate of one year within the last 10 years"

Would I have to check yes on that one? Even though I wasn't ordered to be deported

I also looked at the 212 waiver to see if I have to fill it out and I found this under the heading that says Persons Permitted to Reapply for Admission Without Filing This Application. Persons who voluntarily departed from the United States without expense to the U.S. Government and without an order of removal or deportation having been entered.

So does that mean that I don't have to fill it out?

Thank you

IR-1 / CR-1 Visa

Service Center : Vermont Service Center

Consulate : Bogota, Colombia

12-21-2008: Marriage

01:02:2009: I-130 Sent

01-16-2009: 130 NOA1

03-22-2009: 130 NOA2

NVC

03-30-2009: NVC received file

04-03-2009: NVC assigned case number

04-07-2009: Received bill

04-08-2009: Paid bills online

04-09-2009: Status shows paid for both bills

05-01-2009: Sent DS-230 and Affidavit of Support (Overnight Delivery) Lawyer took his time to fill everything out and delayed our process.

05-05-2009: NVC received package

05-11-2009: RFE thanks to the lawyer again and his assistant.

05-12-2009: RFE package sent to NVC

05-14-2009: NVC received RFE package

05-27-2009: Case finally complete!

K3 Visa

Service Center : Vermont Service Center

Consulate : Bogota, Colombia

12-21-2009: Marriage

01-28-2009: I-129 Sent

01-31-2009: I-129 NOA1

03-22-2009: I-129 NOA 2

03-30-2009: File sent to the embassy

Posted
I also looked at the 212 waiver to see if I have to fill it out and I found this under the heading that says Persons Permitted to Reapply for Admission Without Filing This Application. Persons who voluntarily departed from the United States without expense to the U.S. Government and without an order of removal or deportation having been entered.

So does that mean that I don't have to fill it out?

Correct, you answered your own question.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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