Prior Deportation and K1

[JohnDonne 0]

Does anyone know what it signifies for a K1 application if she (fiance) was deported under code 237 (deportability) by a judge in proceedings 240.

What does this mean?

She says it was a voluntary which would mean an I-212 to waive?

Please help!

[Boiler 45,525]

How long did she overstay.

[JimVaPhuong 4,863]

Does anyone know what it signifies for a K1 application if she (fiance) was deported under code 237 (deportability) by a judge in proceedings 240.

What does this mean?

She says it was a voluntary which would mean an I-212 to waive?

Please help!

Voluntary departure can be offered to someone at the conclusion of removal proceedings if they are not being deported for having committed an aggravated felony or on security grounds. There are other conditions, such as they must have been present in the US for at least a year, and must be of good moral character. For example, someone being deported for an immigration violation might be offered voluntary departure at the conclusion of the removal proceedings.

When someone is ordered removed from the US then they would need to file an I-212 waiver for permission to return. Someone offered voluntary departure usually does not need to file an I-212 waiver. However, they may need to file an I-601 waiver if they have an inadmissibility - for example, a bar resulting from an extended overstay.

Either give us the details or consult with an attorney.

[JohnDonne 0]

My girl was offered bond after being in the USA for a multiple year overstay with good moral character and no trouble. I think she took voluntary instead. Two questions. Is that what the codes above mean? What can we do?

Edited April 17, 2011 by JohnDonne

[JohnDonne 0]

Also I believe they checked the barred from reentry box on one of the forms.

[JohnDonne 0]

Also I believe they checked the barred from reentry box on one of the forms.

[NigeriaorBust 4,087]

IF she hasn't been outside the US for the period of her ban ( which sounds like a 10 year ) then you will need to get a waiver of inadmissability approved for her to enter. Immigrate2us.net has a lot of data on waivers you might want to wander over there.

[JohnDonne 0]

Do you know which waiver forms would likely be most relevant?

[JohnDonne 0]

Ok here is the general story. She arrived around 2004 in New York. She moved to Miami in 2006. We met then and started talking in 2007. That's around when she failed to renew her visa. She has avoided trouble for the entire time and been a good and productive citizen. Anyway she got a voluntary but let the united states pay the ticket back.

[Boiler 45,525]

So what visa was she on that allowed a 3 year stay?

I always understood that with VD you paid your own way.

[Used to be broken 147]

Ok here is the general story. She arrived around 2004 in New York. She moved to Miami in 2006. We met then and started talking in 2007. That's around when she failed to renew her visa. She has avoided trouble for the entire time and been a good and productive citizen. Anyway she got a voluntary but let the united states pay the ticket back.

You don't mention the circumstances that prompted the removal proceedings. That could be a factor in the overall approach to your case.

She has been in proceedings before, and had an overstay of more than a year, regardless of who paid for the flight she is facing a 10 year bar. If she showed up at the end of her VD and said she couldn't pay for the flight home, its likely she was removed if the US Government paid her flight.

So the Waiver is the I601 you will need that, it will not come into play until the interview overseas. Check out the I601/I212 forum and the research links. She may or may not need the I212 depending on the circumstances of her departure. Generally they approve I212 if they find hardship on the I601 and there are not any aggravating factors.

Given your narrative, I would consult with an Immigration attorney who is very familiar with I601 and removals.

[JimVaPhuong 4,863]

My girl was offered bond after being in the USA for a multiple year overstay with good moral character and no trouble. I think she took voluntary instead. Two questions. Is that what the codes above mean? What can we do?

The "codes" refer to sections of the Immigration and Nationalization Act, or INA. It's the law that covers immigration in the US. Section 237 deals with classes of deportable aliens. Section 240 deals with removal proceedings. Feel free to read the INA yourself:

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=act

She will be denied a visa. She can submit the waiver application forms immediately after the visa is denied. From your other posts, she's definitely going to need the I-601 waiver because her ban hasn't expired yet. The I-601 is required when the alien has an inadmissibility, and she's inadmissible while that 10 year ban is in effect. There's a good chance she'll also need the I-212 waiver. The I-212 waiver is required for permission to reenter the US after being removed.

The bad news is that getting either of these waivers is difficult. YOU will need to prove that her being denied entry to the US is causing an extreme hardship for YOU. That can be pretty difficult to do, especially as you're not married yet and presumably don't have any children together. The good news is that the proof of hardship is the same for both waivers, so if one is approved then the other is generally approved, as well.

A good attorney who specializes in waivers of this sort is recommended.