I-212 Homeland Sec and Embassy Nightmare

[angienbrett 0]

Our last appt at the US Embassy London in 2008 they said we had to file a I-212 as my husband had a 10 year ban. Even though he had been told when deported for working illegally in 2005 that it was a 5 year ban.

I filed the I-212 in March 2009 and among many other reasons they denied it because his ban was lifted in less than a year in June. We never got the denial letter until after MUCH chasing someone ar USCIS managed to see that in June 2009 they denied it and they forwarded us the letter finally a few months ago.

We seem to be in Limbo as I tried getting him an appt to proceed with the US Embassy London and they are refusing because they say he still had a 10 year ban. But we cannot file an I-212 as the Dept of Homeland Sec who I assume are the ones who make the bans says his ban is lifted.

I tried getting a lawyer in the US and one of the UK and noone seems to be able to help so we are stuck.

ANY advice is appreciated as the letter from the Dept of Homeland Sec since it was in 2009 we only had 30 days to appeal it but we never got the letter so I'm not sure what to do.

I spent over £100 calling the US Embassy London and trying to email them repeatedly and NOONE will reply. I am fed up, I can't understand why when we even decided to try and pay for a lawyer we still can't get anywhere.

[Christi85 86]

Sorry to hear about your problems.

Let me see if I understand all the info correctly: your husband overstayed when in the US and accrued a 10-year ban. He was also deported. Then you wanted to file for an immigrant visa on his behalf, but due to the ban he had to file for a waiver. His waiver application was denied (I won't go into the reasons for that) and a few months later you got hold of the denial letter.

If the above is correct, it doesn't look like you can do much at this point, other than wait for the 10 years to pass (and I fully understand it's an awfully long time) and file for an immigrant visa then, if you're still interested in that option.

The London Embassy can't do much of anything either, since a ban is in place for him and his waiver application was denied. They can't process him for a visa. It's unfortunately as simple as it is frustrating: without a waiver he can't enter the US until 2015 (or 10 years from the time his ban was imposed).

Did you try to appeal the I-212 denial?

The only thing I'm not sure about (but someone else in here would definitely know and could tell you) is whether you could file for a second waiver in the hope that it will be granted this time. I believe you can but if no new evidence comes along with it, then the outcome is likely to be the same. Consulting an immigration attorney with experience in waivers is probably in order.

Edited February 17, 2011 by Christi85

[Used to be broken 147]

Our last appt at the US Embassy London in 2008 they said we had to file a I-212 as my husband had a 10 year ban. Even though he had been told when deported for working illegally in 2005 that it was a 5 year ban.

I filed the I-212 in March 2009 and among many other reasons they denied it because his ban was lifted in less than a year in June. We never got the denial letter until after MUCH chasing someone ar USCIS managed to see that in June 2009 they denied it and they forwarded us the letter finally a few months ago.

We seem to be in Limbo as I tried getting him an appt to proceed with the US Embassy London and they are refusing because they say he still had a 10 year ban. But we cannot file an I-212 as the Dept of Homeland Sec who I assume are the ones who make the bans says his ban is lifted.

I tried getting a lawyer in the US and one of the UK and noone seems to be able to help so we are stuck.

ANY advice is appreciated as the letter from the Dept of Homeland Sec since it was in 2009 we only had 30 days to appeal it but we never got the letter so I'm not sure what to do.

I spent over £100 calling the US Embassy London and trying to email them repeatedly and NOONE will reply. I am fed up, I can't understand why when we even decided to try and pay for a lawyer we still can't get anywhere.

Ok, here is the question you need to answer in order to get answers that make sense. How long did your husband overstay his VISA in the US? There may be some confusion as to what you were told regarding when you could apply again, which is for the DEPORTATION. After a deportation you have to apply for an I212 if you are still within 5 years of the deportation. If the overstay was more than 180 days but less than a year he would be inadmissable for 3 years, and during that time would have to only apply for I601 if he had left VOLUNTARILY. Because he was deported he has to file I212 for the deportation if he tries to return before the 5 years.

The actual overstay and that inadmissability is another matter and the important question you need to answer is HOW LONG WAS THE OVERSTAY?

If over 180 days and less than a year you no longer have to file I601, and if over 5 years you could just resubmit the packet for processing and go forward and request the VISA without the I212.

However, if the overstay was more than a year, according to the deportation date you mentioned you will have to file I601, which is the hardship waiver if he wants to return before the 10 years is up in 2015.

So the key is to understand the bar to inadmissability for the overstay is another matter. It sounds like the Embassy is telling you that the overstay was more than a year. If that is the case you need to file the I601, and it would not hurt to re-file the I212 just in case there is any confusion along the way and you don't want any more delays. If its not needed it doesn't really matter. (i forgot if there is a fee for this )

The Hardship standard on the I601 is difficult to meet but not completely unattainable, so a well prepared waiver packet will be key to your success in overcoming this.

As for the denial of the I212, I would not worry too much, you have an approved I130, and he has already been to interview. Approach the Embassy after you have prepared the packet and ask to submit the I601. Since you are in England and its a difficult and lengthy process to understand, perhaps an attorney would be in order. Steve Heller is there in England, and licensed to practice US Immigration law give him a call. He used to be a USCIS adjudicator he understands it and actually worked at the London USCIS office so he would be a great asset.

Here is the law for overstays, there is more info in this forum on what the I601 standard is if you look around at older posts and the stickies.

Section 212(a)(9)(B)(i)(I) provides that any alien (other than an alien

lawfully admitted for permanent residence) who was unlawfully present in

the U.S. for a period of more than 180 days but less than 1 year,

voluntarily departed the U.S. (whether or not pursuant to Section 244(e))

prior to the commencement of proceedings under Section 235(b)(1) or

240, and again seeks admission within 3 years of the date of such

departure or removal is inadmissible.

4. Section 212(a)(9)(B)(i)(II) of the Act provides that any alien (other than a

LPR) who has been unlawfully present in the U.S. for one year or more

and who again seeks admission within 10 years of the date of such alien's

departure or removal from the U.S. is inadmissible. To be rendered

inadmissible for 10 years pursuant to this provision, an alien must depart

the United States after having been unlawfully present in the United States

for one year or longer. Matter of Rodarte, 23 I&N Dec. 905 (BIA 2006).

Pursuant to IIRIRA, no period of an alien’s presence in the United States

prior to April 1, 1997, may be considered “unlawful presence” for the

purposes of determining an alien’s inadmissibility under section

212(a)(9)(B) of the Act.

[Used to be broken 147]

Steven D Heller -- US Immigration Lawyer in the UK

Show border

The Brighton Forum 95 Ditchling Road Brighton, BN1 4ST

work08714 333 000 pin 4151520 [?]

info@us-visa.co.uk

http://www.us-visa.co.uk

[angienbrett 0]

Many Thanks for all the advice I'm trying to decide still my next move.

To clarify it wasn't an overstay ban it was for working illegally. The British company that sent him assured us all the paperwork was in order but it wasn't and so he got deported. But they said it was a 5 year ban.

Homeland Sec says his ban is lifted so I can't understand the problem with the London Embassy thinking its a 10 yr ban.

I'm going to look into a lawyer but its so expensive so it will be a real financial strain on us but I guess thats my only option.

[Sergi9 110]

Many Thanks for all the advice I'm trying to decide still my next move.

To clarify it wasn't an overstay ban it was for working illegally. The British company that sent him assured us all the paperwork was in order but it wasn't and so he got deported. But they said it was a 5 year ban.

Homeland Sec says his ban is lifted so I can't understand the problem with the London Embassy thinking its a 10 yr ban.

I'm going to look into a lawyer but its so expensive so it will be a real financial strain on us but I guess thats my only option.

Well I hope it works out. But as was mentioned in a previous post which you did not respond to, "how long did your husband overstay in the US" will be crucial to figuring this mess out. If it was more than a year, that is a problem and its a 10 year bar. If its less than a year but more than 180 days the bar is up, and your documents from USCIS on the day of his deportation probably have a code relating to the bar, and of course the passport stamps etc and travel documents can also help to establish exactly how long he was in the US. Also "working illegally" can get you deported but it is not an "inadmissability" when you are married to a US Citizen, so you need to find out what the Embassy is basing the decision on, my guess they think the overstay was more than one year if they are talking 10 years.

[angienbrett 0]

Well I hope it works out. But as was mentioned in a previous post which you did not respond to, "how long did your husband overstay in the US" will be crucial to figuring this mess out. If it was more than a year, that is a problem and its a 10 year bar. If its less than a year but more than 180 days the bar is up, and your documents from USCIS on the day of his deportation probably have a code relating to the bar, and of course the passport stamps etc and travel documents can also help to establish exactly how long he was in the US. Also "working illegally" can get you deported but it is not an "inadmissability" when you are married to a US Citizen, so you need to find out what the Embassy is basing the decision on, my guess they think the overstay was more than one year if they are talking 10 years.

Hi Sergi,

There was No overstay thats why I didn't mention it. No overstay only deported for working illegally and given what we thought was a 5 year ban. I've been quoted £5000 plus VAT for a lawyer and it's just too much money we would go into serious debt and lose everything. I am going to have to try something else somehow.

I feel really down at the moment as I am getting nowhere fast.

[Sergi9 110]

Hi Sergi,

There was No overstay thats why I didn't mention it. No overstay only deported for working illegally and given what we thought was a 5 year ban. I've been quoted £5000 plus VAT for a lawyer and it's just too much money we would go into serious debt and lose everything. I am going to have to try something else somehow.

I feel really down at the moment as I am getting nowhere fast.

So what type of VISA did your spouse enter the US on? They could be asking for I601 for another reason, like misrep if they felt he entered on a tourist VISA and went immediately to work.

Did they code the refusal sheet?

What day did he enter and what day did he leave?

Not sure but they might consider him out of status from the day he started working... and violating the terms of the VISA he entered on.

If you want to try "something else" the place to start is to try to find out exactly what the code for the inadmissability they are charging him with so you can start your research there.

Good luck

[Sergi9 110]

http://www.state.gov/documents/organization/87120.pdf

[canadian_wife 1,822]

What was the exact reason for the denial and the ban? You can try to contact Laural Scott, she is a lawyer who specializes in inadmissability and can direct your next steps. She offers a free chat on Wednesdays at scottimmigration.net

You are not alone. A Canadian was approved at USCIS, NVC, and the consulate, only to go to the POE and be denied by the CBP and a ban placed on him for something that happened years ago that the CO at the consulate was aware of. So it does happen but I am sorry it happened to you.

Good luck

[JLU 0]

Angien

if he/she is deported its either 5 yr, 10 yr, 20 yr or life time bar . there is no one yr bar.

5 yrs - if deported from POE

10 yrs - if deported from in country i.e IJ or ICE ordered you removed

20 yrs - if entered after previously deported and deported again

life - agrevated felon.

and 212 has to be filed with USCIS .. if you are filing 212 alone it has to be filed at district office. consulate was not wrong

[martin66 0]

jlu hello so you mean that 20 ban years can be waeiveble with the form 212?