I-212's

[spiderpig 2]

Good Morning,

Can ANYONE PLEASE help me? I am looking for the list or TABLE that the US Government- INS has that shows all of the reasons that a beneficiary would need to file... this may not make sense so I will try to explain.. I found this once on the internet and can't for the life of me again. It is like a table and has all I-212s that have parentheses and then have either numbers and or letters that follow the "I-212" The list has all of the 212's and what they mean and what the ban (if any) is and the waiver that is needed. HELP I am going bonkers....

Thank you in advance!

[Whatznext 2]

is this what you are looking for

http://www.state.gov/documents/organization/86933.pdf

[spiderpig 2]

is this what you are looking for

http://www.state.gov/documents/organization/86933.pdf

Oh My goodness.. YES and thank you a million and good luck in your journey!

is this what you are looking for

http://www.state.gov/documents/organization/86933.pdf

BTW what does IV Waiver and NIV Waiver mean?

[momof1 205]

Oh My goodness.. YES and thank you a million and good luck in your journey!

BTW what does IV Waiver and NIV Waiver mean?

IV waiver is an immigrant visa waiver that is usually filed in family based petitions with inadmissibilities

NIV waiver is a non immigrant visa waiver filed in conjunction with a B1/B2 when a person is inadmissible. It can be for other non-immigrant situations as well.

Also wanted to add that the list you are talking about is in reference to specific sections of the immigration and nationality act and is different from the I-212 waiver. They just happen to have the same number(212). The I-212 is permission to reapply after deportation or removal whereas the codes you're asking about describe inadmissibilities

212a9b - unlawful presence

212a6c- misrep/fraud

and a bunch of others....

Edited July 29, 2010 by momof1

[spiderpig 2]

IV waiver is an immigrant visa waiver that is usually filed in family based petitions with inadmissibilities

NIV waiver is a non immigrant visa waiver filed in conjunction with a B1/B2 when a person is inadmissible. It can be for other non-immigrant situations as well.

Also wanted to add that the list you are talking about is in reference to specific sections of the immigration and nationality act and is different from the I-212 waiver. They just happen to have the same number(212). The I-212 is permission to reapply after deportation or removal whereas the codes you're asking about describe inadmissibilities

212a9b - unlawful presence

212a6c- misrep/fraud

and a bunch of others....

I guess I am confused.... aren't they basically one in the same.... can you explain further... am ignorant at times I guess.... I thought that if one has received one of these numbers ie 212(6) C for example then you need to file a 212 waiver... can you tell me the difference PLEASE and thank you in advance!

[momof1 205]

I guess I am confused.... aren't they basically one in the same.... can you explain further... am ignorant at times I guess.... I thought that if one has received one of these numbers ie 212(6) C for example then you need to file a 212 waiver... can you tell me the difference PLEASE and thank you in advance!

An I-212 is permission to reapply after deportation or removal. It is only filed if someone is deported or given an expedited removal at some port of entry. Basically, if you've been deported you're ineligible for any visa for a certain amount of time. The time depends on the circumstances surrounding the removal: expedited removal, 1st deporation, or subsequent deporations. The basis of approval for an I-212 is having a "heavier" balance of positive factors. These factors could be: family ties, likelihood of becoming a public charge, amount of time since immigration violation, circumstances surrounding the violation, good moral character and respect for law, intent to hold family responsibilities, absence of a criminal record. Although extreme hardship is not a requirement it is another positive factor.

For our case, the lone negative factor was my husband's fraudulent entry into the US. Our lawyer argued that this single factor shouldn't be given much weight because of the reasoning behind his entry(he feared for his life in algeria and wanted to apply for asylum).

The number you quoted [212a6c) is for fraud or misrepresentation. As I mentioned before, it is but one of MANY MANY inadmissibilities. Others have to do with certain crimes, unlawful presence, and vaccination refusal among others. All of these inadmissibilities(other than deporation) are waived with the I-601 waiver of inadmissibility. This is the waiver which requires a qualifying relative to demonstrate extreme hardship.

Most people are filing lone 601's for Entry Without Inpsection/Unlawful Presence while some file 212 also if they were deporated. The vast majority of waivers are filed through Mexico and the majority of them leave the US willingly to pursuse waiver processing. Very few people file lone 212's which are often the result of refused entry and expedited removal at a POE.

I hope this clears things up. Ask away if you have any more questions. It's hard to type now as I have a 3 week old sleeping on my lap

One more thing before I forget. We filed 601 waiver for fraudulent entry and unlawful presence and 212 for deportation.

Edited August 5, 2010 by momof1

[spiderpig 2]

An I-212 is permission to reapply after deportation or removal. It is only filed if someone is deported or given an expedited removal at some port of entry. Basically, if you've been deported you're ineligible for any visa for a certain amount of time. The time depends on the circumstances surrounding the removal: expedited removal, 1st deporation, or subsequent deporations. The basis of approval for an I-212 is having a "heavier" balance of positive factors. These factors could be: family ties, likelihood of becoming a public charge, amount of time since immigration violation, circumstances surrounding the violation, good moral character and respect for law, intent to hold family responsibilities, absence of a criminal record. Although extreme hardship is not a requirement it is another positive factor.

For our case, the lone negative factor was my husband's fraudulent entry into the US. Our lawyer argued that this single factor shouldn't be given much weight because of the reasoning behind his entry(he feared for his life in algeria and wanted to apply for asylum).

The number you quoted [212a6c) is for fraud or misrepresentation. As I mentioned before, it is but one of MANY MANY inadmissibilities. Others have to do with certain crimes, unlawful presence, and vaccination refusal among others. All of these inadmissibilities(other than deporation) are waived with the I-601 waiver of inadmissibility. This is the waiver which requires a qualifying relative to demonstrate extreme hardship.

Most people are filing lone 601's for Entry Without Inpsection/Unlawful Presence while some file 212 also if they were deporated. The vast majority of waivers are filed through Mexico and the majority of them leave the US willingly to pursuse waiver processing. Very few people file lone 212's which are often the result of refused entry and expedited removal at a POE.

I hope this clears things up. Ask away if you have any more questions. It's hard to type now as I have a 3 week old sleeping on my lap

One more thing before I forget. We filed 601 waiver for fraudulent entry and unlawful presence and 212 for deportation.

Thank you so much for your help...I am going to send a PM to you as I have some more questions.