I-212 / I-601 waivers in Rio de Janeiro - any experience?

[Marali 0]

I am about to file a petition for a CR1 visa for my Brasilian husband and I would like to know if anyone has had experience with the consulate in Rio de Janeiro in relation to the following complications:

Husband overstayed his tourist visa by more than 180 days, was arrested and charged with misdemeanor assault, detained by immigration and deported in 2007 receiving a 10 year ban.

As I understand it, he will be automatically denied at the interview because of the 10-year ban.

We realize that he will need to file the I-601 waiver because of the 10-year ban but we are not sure whether he will need to file an I-212 as well.

The following persons can apply for an I-212 waiver and I am not sure if it applies to my husband:

1. Persons who were excluded from admission and removed or deported more than one year ago.

2. Persons who voluntarily departed from the United Stateswithout expense to the U.S. Government and without anorder of removal or deportation having been entered.

3. Persons who have been outside the United States for fivesuccessive years following their last removal ordeportation.

What exactly does "excluded from admission" mean in clause (1)?

Can he apply for this waiver if he was deported and has been outside the USA for 2 years?

Can one start the waiver process prior to the interview in order to expedite the proceedings?

If so, can the waivers be approved prior to the interview enabling an approval to be granted at such interview?

Any experience with waivers and the consulate in Rio would be much appreciated.

Many thanks.

[emt103c 10]

He will have to file both I-601 and the I-212. . .he will not be allowed to file them until after the actual visa interview. I know that is a depressing waste of time, but he has to be "denied" before he can file them.

There are a few people over on www.immigrate2us.net who have experience with Brazil. . .they will be able to tell you more about the timetable. . .

You should probably consult with an attorney because of the complications of this case and recency of charges.

[Marali 0]

Thank you for your input.

Yes, what an absurd waste of time particularly as one knows that the outcome of the interview is an automatic denial. I can't reason that one out....