212 waiver

[gingeee 0]

I came to US in 1995 on a tourist visa when i was 11 years old. Later on my mom filed paperwork asking for asylum. I don't really know what happened with our papers but apparently my mother didn'up for our hearing and they issued an order of removal on us. I was a minor and had no idea what was going on. In 2002 i voluntarily left US. 5 years later i married a US citizen in Kazakhstan and we filed for the CR1 visa. A year later we had a child. On the day of the interview the consul told me that i can not enter the country and i am banned for 10 years. So we came to file for the 601 waiver when they told us that we don't need it, cos they made a mistake and i don't have a 10 year ban i have a 3 year one and it's past already. But i need to file for the 212 waiver. So that's what we did. We filed the 212 on November 9th 2009 and 5 months later no answer. My husband is currently in US cos he has a job there and i am in Kazakhstan with our child.How long does this process take? Do i even have a chance in getting an answer? We stated in all the paperwork that i was a minor and didn't even a have a passport of my own. I call the embassy and they tell me that i need to call the office of detention and removal in NYC. My husband called them several times and they say that they don't deal with this kind of papers. How do i find out the case status?

Thanks in advance

[Used to be broken 147]

I came to US in 1995 on a tourist visa when i was 11 years old. Later on my mom filed paperwork asking for asylum. I don't really know what happened with our papers but apparently my mother didn'up for our hearing and they issued an order of removal on us. I was a minor and had no idea what was going on. In 2002 i voluntarily left US. 5 years later i married a US citizen in Kazakhstan and we filed for the CR1 visa. A year later we had a child. On the day of the interview the consul told me that i can not enter the country and i am banned for 10 years. So we came to file for the 601 waiver when they told us that we don't need it, cos they made a mistake and i don't have a 10 year ban i have a 3 year one and it's past already. But i need to file for the 212 waiver. So that's what we did. We filed the 212 on November 9th 2009 and 5 months later no answer. My husband is currently in US cos he has a job there and i am in Kazakhstan with our child.How long does this process take? Do i even have a chance in getting an answer? We stated in all the paperwork that i was a minor and didn't even a have a passport of my own. I call the embassy and they tell me that i need to call the office of detention and removal in NYC. My husband called them several times and they say that they don't deal with this kind of papers. How do i find out the case status?

Thanks in advance

Start by you husband emailing the Embassy where you filed the I212 paperwork.

Your husband should consult an Immigration Attorney on his end and ask for an "advisory opinon" on the I212, and he should also consult his State Representative if you attorney says that you should not have a bar. Seems there is some confusion as to how you left, removal in abstentia which can cause a bar, but if you were under 18 it might not have the same legal effect as an adult.

[gingeee 0]

Start by you husband emailing the Embassy where you filed the I212 paperwork.

Your husband should consult an Immigration Attorney on his end and ask for an "advisory opinon" on the I212, and he should also consult his State Representative if you attorney says that you should not have a bar. Seems there is some confusion as to how you left, removal in abstentia which can cause a bar, but if you were under 18 it might not have the same legal effect as an adult.

I am trying to reach the Moscow embassy now, cos they got all the paperwork. but i am starting to have a feeling they don't have a clue on what they are doing there. Thanks for advice...

[gingeee 0]

I got approved!!!!Thanks for advices and good luck!!!!