I-212 needed after voluntary departure?

[joliejodi 0]

Hello,

My husband and I have filed an I-130 and I-129F and recently got our approval on both of these. My husband initially entered the US illegally and filed for political asylum. Due to a missed appointment, we was placed in removal proceedings. Rather than risk deportation, he chose to voluntarily depart the US (assuming our I-129F would be approved prior to his departure....didn't happen of course!) Our attorney advised us that we did not need the I-212 waiver due to the fact that my husband voluntarily departed the US and was not deported. Does anyone have experience in knowing if this is true? We have since heard differently and are worried now that we will be denied a visa at our interview due to not having filed the I-212 waiver. Thank you!

[JimVaPhuong 4,863]

Hello,

My husband and I have filed an I-130 and I-129F and recently got our approval on both of these. My husband initially entered the US illegally and filed for political asylum. Due to a missed appointment, we was placed in removal proceedings. Rather than risk deportation, he chose to voluntarily depart the US (assuming our I-129F would be approved prior to his departure....didn't happen of course!) Our attorney advised us that we did not need the I-212 waiver due to the fact that my husband voluntarily departed the US and was not deported. Does anyone have experience in knowing if this is true? We have since heard differently and are worried now that we will be denied a visa at our interview due to not having filed the I-212 waiver. Thank you!

Section 212(a)(6)(B ) of the INA:

Failure to attend removal proceeding.-Any alien who without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the alien's inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien's subsequent departure or removal is inadmissible.

Looks like he could have a 5 year ban for ditching his removal proceedings. He was in removal proceedings for a reason. That reason doesn't go away just because he left the country voluntarily. Your lawyer might be right about him not needing the I-212 waiver, because I don't think this one is waiver eligible.

I'm no legal expert. I'm only going by what I see when reading the law. You might want to call that lawyer again.

[canadian_wife 1,822]

Your husband also entered illegally which is a hurdle you'll have to overcome. How long was he in the US illegally for?

[joliejodi 0]

My husband was in the US illegally for less than 2 months prior to applying for asylum, so there should be no ban there.

He did not ditch his removal proceedings. He attended all of his removal proceedings and was granted voluntary departure by an immigration judge at his final hearing, so there should not be reason for a ban due to that.

The issue being, is voluntary departure viewed in the same light as deportation for the sake of admissibility in the future?

[Bobby+Umit 161]

My husband was in the US illegally for less than 2 months prior to applying for asylum, so there should be no ban there.

He did not ditch his removal proceedings. He attended all of his removal proceedings and was granted voluntary departure by an immigration judge at his final hearing, so there should not be reason for a ban due to that.

The issue being, is voluntary departure viewed in the same light as deportation for the sake of admissibility in the future?

Due to a missed appointment, we was placed in removal proceedings

I'm confused - you said he missed the appointment.

Also - when did you marry? During the removal proceedings?

If it is determined you need a waiver, they will inform you of that, and you will need to apply for one.

From what Jim posted, it would appear to me their is some sort of ban, if you go by what you first wrote.

[JimVaPhuong 4,863]

My husband was in the US illegally for less than 2 months prior to applying for asylum, so there should be no ban there.

He did not ditch his removal proceedings. He attended all of his removal proceedings and was granted voluntary departure by an immigration judge at his final hearing, so there should not be reason for a ban due to that.

The issue being, is voluntary departure viewed in the same light as deportation for the sake of admissibility in the future?

Due to a missed appointment, we was placed in removal proceedings

I'm confused - you said he missed the appointment.

Also - when did you marry? During the removal proceedings?

If it is determined you need a waiver, they will inform you of that, and you will need to apply for one.

From what Jim posted, it would appear to me their is some sort of ban, if you go by what you first wrote.

I think she's saying he missed an appointment for his asylum hearing, and was subsequently placed into removal proceedings. After my post she said he apparently did attend his removal proceedings and was offered voluntary departure, so the 5 year ban I mentioned wouldn't apply.

So, it sounds like what's left is the illegal entry, the illegal stay, and the previous removal. The illegal stay is moot - too short to result in an automatic ban. It's not clear to me whether waivers are available for the other two without knowing a lot more about the detailed findings of the removal proceeding. I think it's worth consulting a good lawyer about this one. Be sure to give them ALL documentation about the previous proceedings, including the failed asylum petition and the removal proceedings. They can't give competent advice without all of the information.

[emt103c 10]

You don't need a 212 for a VD.

[joliejodi 0]

You don't need a 212 for a VD.

Thank you emt...I think all the information is getting confused and turned into more than it is. We do have a little more complicated case, but not so complicated as all the discussion would suggest Do you happen to know this from experience? I was really hoping to find someone who had been granted VD and was approved a visa (or denied) without filing a I-212. Either way, I appreciate your straight-forward answer! Thank you!

[emt103c 10]

I don't have names, but there are tons on I2US who were granted VD, needed a 601 and not a 212. Frankly, I just know from all the research I did for my hubby's I-212. If you'd like a long read to answer the question it can be found here. This post is copied directly from the field adjudicator's manual.