I-212 and my Wife Saga...

[OctaneGuy 0]

Hi everyone,

I've been mostly a lurker on this forum but have finally gotten to a point where I need some compassion as I'm at the end of my rope. Today I had an infopass meeting which as usual, is an entirely emotionally draining event. The office my case is at is over 2 hours away, so I've been fortunate to have the chance to stay with a family member who lives an hour away, making it slightly more convenient to get to my appointments. So let me start with some background info as this case can be quite complicated.

My wife's I-130 was approved in July 2010 where I was interviewed in Los Angeles. We were married in December 2009. My wife was interviewed at the NVC in Hong Kong in January 2011 and approved, but her visa application denied because she was barred in 2006 at LAX.

The justification for the bar has been proven invalid by my attorney, and the LA office has had the case for over 120 days now. A month ago, the case had a sticky saying "Pending Supervisor Review on Who Has Jurisdiction For I-212". The officer could give me no further information. A month later, I returned to CIS and they are now saying they need ANOTHER 60 days to review the case to decide what to do about some legal issues. I asked what legal issues they were talking about and they wouldn't discuss them with me. They asked if I was a lawyer and of course I said "no", and the officer said they needed to talk to my lawyer. I asked to talk to the supervisor and after 20 minutes, was told he was too busy and that they need to work out the legal issues. I'm frustrated, sad, and upset. Everytime I go to CIS, I made being subjected to different requirements. My day started out with an officer who couldn't find my case and literally told me that without a proper case number, there was nothing they could do...yet we've been using that same case number for 6 months now. Instead of giving up, I asked to speak to his supervisor. She asks me if I am a US Citizen. I said yes. She asks me if I was born in the US. I say no, I was born in Taiwan. So she says " You were naturalized. I need your naturalization papers". I'm astonished. She needs to see my naturalization papers to inquire about my wifes case??? I pull out my US Drivers license and she tells me they are not the DMV. I tell her I was born 40 years ago in Taiwan but my parents were US citizens! She says, so show me the proof. Fortunately, I had a photocopy of my US birth certificate and she says "Ohh so you ARE a US Citizen. You were born into it". I ask her for her name. Then she asks for a I-212 receipt which I never got one..though I have a payment stub copy which she would not accept. I told her I was here 3 weeks ago. She said give me an official government document that proves that. She wants ME to prove that I was here 3 weeks ago??? I don't have anything like that. She says she cannot help me and I need to go find proof. I tell her the name of the last officer I saw and that she had seen me twice and would remember me. This officer says "Oh...you saw M. XXX, would you like to speak to her?" I reply "OF COURSE". Next thing I know, she is mumbling my wifes name..she was somehow able to pull it up using the previous officers name.

Back to my wifes' case. The way I see it..is that CIS has realized that a mistake was made nearly 5 years ago in barring my wife, and they are now trying to figure out how to extricate themselves without being subjected to potential lawsuits. My attorney is trying to get in contact with the supervising officer and reviewer, but I'm afraid it's going to drag on for 2 more months.

I guess I'm not really looking for any answers, I just need to vent. I tried to keep my emotions in today, but I couldn't. I literally fell apart when I was told they needed more time and couldn't tell me what the problems were. The reviewer then blurts out that this was her first day on the case..that she was just handed it and wasn't familiar with it. We opened this case in November 2010, it's now June 2011 and they are just assigning yet another officer to it? It's been reviewed 3 times during this time period.

I just want to be reunited with my wife. She did nothing wrong. I don't know who else I can turn to.

Richard

[Krikit 1,164]

I am so sorry for your troubles. I can imagine that it must be agonizing. Have you been in touch with your congressperson? Perhaps a congressional inquiry will get the ball rolling for you. I wish you peace, and a speedy resolution.

[canadian_wife 1,822]

I am sorry, Maybe a senator or congressman can help your case?

Why was your wife barred in 2006?

Good luck

[Sergi9 110]

Hi everyone,

I've been mostly a lurker on this forum but have finally gotten to a point where I need some compassion as I'm at the end of my rope. Today I had an infopass meeting which as usual, is an entirely emotionally draining event. The office my case is at is over 2 hours away, so I've been fortunate to have the chance to stay with a family member who lives an hour away, making it slightly more convenient to get to my appointments. So let me start with some background info as this case can be quite complicated.

My wife's I-130 was approved in July 2010 where I was interviewed in Los Angeles. We were married in December 2009. My wife was interviewed at the NVC in Hong Kong in January 2011 and approved, but her visa application denied because she was barred in 2006 at LAX.

The justification for the bar has been proven invalid by my attorney, and the LA office has had the case for over 120 days now. A month ago, the case had a sticky saying "Pending Supervisor Review on Who Has Jurisdiction For I-212". The officer could give me no further information. A month later, I returned to CIS and they are now saying they need ANOTHER 60 days to review the case to decide what to do about some legal issues. I asked what legal issues they were talking about and they wouldn't discuss them with me. They asked if I was a lawyer and of course I said "no", and the officer said they needed to talk to my lawyer. I asked to talk to the supervisor and after 20 minutes, was told he was too busy and that they need to work out the legal issues. I'm frustrated, sad, and upset. Everytime I go to CIS, I made being subjected to different requirements. My day started out with an officer who couldn't find my case and literally told me that without a proper case number, there was nothing they could do...yet we've been using that same case number for 6 months now. Instead of giving up, I asked to speak to his supervisor. She asks me if I am a US Citizen. I said yes. She asks me if I was born in the US. I say no, I was born in Taiwan. So she says " You were naturalized. I need your naturalization papers". I'm astonished. She needs to see my naturalization papers to inquire about my wifes case??? I pull out my US Drivers license and she tells me they are not the DMV. I tell her I was born 40 years ago in Taiwan but my parents were US citizens! She says, so show me the proof. Fortunately, I had a photocopy of my US birth certificate and she says "Ohh so you ARE a US Citizen. You were born into it". I ask her for her name. Then she asks for a I-212 receipt which I never got one..though I have a payment stub copy which she would not accept. I told her I was here 3 weeks ago. She said give me an official government document that proves that. She wants ME to prove that I was here 3 weeks ago??? I don't have anything like that. She says she cannot help me and I need to go find proof. I tell her the name of the last officer I saw and that she had seen me twice and would remember me. This officer says "Oh...you saw M. XXX, would you like to speak to her?" I reply "OF COURSE". Next thing I know, she is mumbling my wifes name..she was somehow able to pull it up using the previous officers name.

Back to my wifes' case. The way I see it..is that CIS has realized that a mistake was made nearly 5 years ago in barring my wife, and they are now trying to figure out how to extricate themselves without being subjected to potential lawsuits. My attorney is trying to get in contact with the supervising officer and reviewer, but I'm afraid it's going to drag on for 2 more months.

I guess I'm not really looking for any answers, I just need to vent. I tried to keep my emotions in today, but I couldn't. I literally fell apart when I was told they needed more time and couldn't tell me what the problems were. The reviewer then blurts out that this was her first day on the case..that she was just handed it and wasn't familiar with it. We opened this case in November 2010, it's now June 2011 and they are just assigning yet another officer to it? It's been reviewed 3 times during this time period.

I just want to be reunited with my wife. She did nothing wrong. I don't know who else I can turn to.

Richard

Do not waste time on Congressman .. Go to USCIS Ombudsman website and fill out the form there and ask for help

[OctaneGuy 0]

Thank you. Not yet. My attorney initially advised me that this could cause delays when we first were waiting for the case to be reviewed. This is our second attorney. Our first one made 4 critical mistakes and the final straw was when I was in Hong Kong with my wife at the HK Consulate and they couldn't find our I-212 application and told the 1st attorney to fax me a copy and immediately saw they filed it under the WRONG case number (numbers were transposed). I flew back to LA, fired the lawyer, amended the case, hired a new one and the wait started all over again from 0.

I am so sorry for your troubles. I can imagine that it must be agonizing. Have you been in touch with your congressperson? Perhaps a congressional inquiry will get the ball rolling for you. I wish you peace, and a speedy resolution.

An officer at LAX airport accused her of working without a proper visa. From 1987 to 2006, she had never once overstayed a visa, though she frequently traveled back and forth from her hometown in Hong Kong to the US. I first met her in 1991 where we went to Architecture school together and although we were friends and I liked her, I would go on to marry someone else who I later divorced, and rediscovered my wife through FaceBook thanks to a 20 year high school reunion. We met up in Taiwan where she was living, fell hopelessly in love and 4 months later got engaged and 7 months later got married (in Hong Kong), and then began this long road to bring her home.

When she in the US, she was supported by her family and didn't work. From 2005-2006, her mom was dying of cancer and my wife stayed at her side to care for her, a friend of my wife's told her about seeking potential work in Asia, but she would have to come to the US first, her mother urged her to go check it out instead of caring for her...so she made the tough decision to go back to the US, and she got stopped at LAX where they accused her of working and not believing all those years she could be going to and from the US without working. They held her at San Pedro for a week under the mistaken assumption she was an asylum case...they wouldn't let her use the phone, told her she's not a citizen and has no rights...she was able to eventually use the phone and call a lawyer friend of her who got her out, and they immediately deported her. She had a return ticket, but they escorted her to the plane in handcuffs and took her passport..she didn't know her mother had passed away while she was in custody.

We filed an I-212 for a number of reasons that included my own deteriorating health due to stress, my father's recent declining heart problems, the fact I'm self employed and cannot move my business overseas as I have leases and employees to consider and I have lived in the US all my life and do not speak Chinese, and I work in a specialized industry, that I have a 7 year old son who depends on me and an ex wife whom I make child support payments to, and there were a few extraordinary things that happened to me this past year that really devastated me and my wife helped me get through them.

Richard

I am sorry, Maybe a senator or congressman can help your case?

Why was your wife barred in 2006?

Good luck

Edited June 2, 2011 by OctaneGuy

[Used to be broken 147]

Thank you. Not yet. My attorney initially advised me that this could cause delays when we first were waiting for the case to be reviewed. This is our second attorney. Our first one made 4 critical mistakes and the final straw was when I was in Hong Kong with my wife at the HK Consulate and they couldn't find our I-212 application and told the 1st attorney to fax me a copy and immediately saw they filed it under the WRONG case number (numbers were transposed). I flew back to LA, fired the lawyer, amended the case, hired a new one and the wait started all over again from 0.

An officer at LAX airport accused her of working without a proper visa. From 1987 to 2006, she had never once overstayed a visa, though she frequently traveled back and forth from her hometown in Hong Kong to the US. I first met her in 1991 where we went to Architecture school together and although we were friends and I liked her, I would go on to marry someone else who I later divorced, and rediscovered my wife through FaceBook thanks to a 20 year high school reunion. We met up in Taiwan where she was living, fell hopelessly in love and 4 months later got engaged and 7 months later got married (in Hong Kong), and then began this long road to bring her home.

When she in the US, she was supported by her family and didn't work. From 2005-2006, her mom was dying of cancer and my wife stayed at her side to care for her, a friend of my wife's told her about seeking potential work in Asia, but she would have to come to the US first, her mother urged her to go check it out instead of caring for her...so she made the tough decision to go back to the US, and she got stopped at LAX where they accused her of working and not believing all those years she could be going to and from the US without working. They held her at San Pedro for a week under the mistaken assumption she was an asylum case...they wouldn't let her use the phone, told her she's not a citizen and has no rights...she was able to eventually use the phone and call a lawyer friend of her who got her out, and they immediately deported her. She had a return ticket, but they escorted her to the plane in handcuffs and took her passport..she didn't know her mother had passed away while she was in custody.

We filed an I-212 for a number of reasons that included my own deteriorating health due to stress, my father's recent declining heart problems, the fact I'm self employed and cannot move my business overseas as I have leases and employees to consider and I have lived in the US all my life and do not speak Chinese, and I work in a specialized industry, that I have a 7 year old son who depends on me and an ex wife whom I make child support payments to, and there were a few extraordinary things that happened to me this past year that really devastated me and my wife helped me get through them.

Richard

???? Now I am totally confused. A i212 is permission to re-enter after deportation or removal . An I601 is a hardship waiver. If both are needed then they should be filed together. The "reasons" you say you filed the I212 are the reasons someone would file an I601.

Generally working without EAD is forgiven for spouse of US Citizen. Did you file both applications?

Edited June 2, 2011 by brokenfamily

[Used to be broken 147]

Also in most cases if they approve the I601 they go ahead and approve the I212 unless there is criminal history or strong negative factors.

[Darnell 8,478]

here's gogo's address book, in case you need it, soonish -

http://www.visajourney.com/forums/topic/221091-uscis-contacts/page__p__3365596entry3365596

[OctaneGuy 0]

It's my understanding both the I-212 and I-601 are waivers, but the 601 is necessary for requesting permission to re-enter due to a criminal matter, which ours was not. In order to file the I-212, you must prove that there are extraordinary circumstances, including hardship, and citing evidence of good moral turpitude.......

I was just contacted by a "brokenfamily"...thank you for setting me straight!!! I'm on an emotional roller coaster right now...not able to work at all today.

I appreciate all the feedback so far.

Richard

???? Now I am totally confused. A i212 is permission to re-enter after deportation or removal . An I601 is a hardship waiver. If both are needed then they should be filed together. The "reasons" you say you filed the I212 are the reasons someone would file an I601.

Generally working without EAD is forgiven for spouse of US Citizen. Did you file both applications?

[Krikit 1,164]

Ohmygosh, how horrible. Your poor wife.

[Krikit 1,164]

For what it's worth.... twice I was in secondary processing at a US POE when non-US citizens were being interrogated. It was disgraceful how they were treated. I was a victim, myself, once, of an overzealous Customs & Immigration agent. In fact, I was being treated so maliciously that another agent came over and came to my defense. It was deplorable. I can only imagine what horrible people these people are in order to treat others in that manner.

[Used to be broken 147]

Go ahead an post the text of the removal order with all the INA Citations to make sure we are not missing something here. Thanks and good luck

[Bocajr27 3]

My friend I know how you feel. Some of the people that work at USCIS don’t bother with taking that extra step that is sometimes necessary to get the job done. I went through a similar problem but had a much better result. I filed the I-212 for my wife and got our receipt. I waited 30 days before I made an Info pass to check on the status. When I went in for my Info pass, I requested an expedite due to our son’s health condition. Three days afterwards, I received a letter from USCIS stating that I should have filed this with the US Consulate in Colombia. Funny thing was that the consulate was the one who told me to file it at USCIS.

So I gathered all of our paperwork including some legal findings that I thought would help. I had to speak to three different supervisors before I was able to speak to an officer. One of those supervisors brought my wife’s file out and said, “Your wife is not eligible for the I-212 because she overstayed.” “No” I said, “According to section 9 (B) (iii) (II) it clearly states that No period of time in which an alien has a bona fide application for asylum pending shall be taken into account in determining the period of unlawful presence in the US.” So he proceeds to tell me that my wife should have left before her Asylum hearing. To which I replied, “If she would have left before her immigration proceeding, she would have broken the law.” He just kept shuffling through his papers and then said “Well then she should have left immediately afterwards.” “Wrong again” I said. “If you look at the Judges decree you can see that he gave us 30 days to either appeal his decision or leave. You can also see by the forms that the US Embassy sent you that my wife arrived in Colombia prior to the date the judge gave us.“ By this time, this supervisor had basically given up.

Luckily, two of the supervisors I spoke with really went out of their way to help me. One of them, after hearing my argument and agreeing with me full heartedly, went directly to the officer that sent me the letter of denial and asked her to speak with me. I didn’t even have to say one word. Fifteen minutes later I left that office with the I-212 approval. I will never forget that day. My wife and I cried on the phone together for a while. It was hard, but thanks to some people who went that extra mile, we are back in the states together as a family. my thoughts to you is not to give up. Keep going back and ask to speak to the officer that is handling your case. You are the petitioner and YOU have the right, especially if someone has made a mistake.

I wish you the best of luck in getting your wife back to the states soon.

Fernando

[Luv4Eslam 0]

Hi everyone,

I've been mostly a lurker on this forum but have finally gotten to a point where I need some compassion as I'm at the end of my rope. Today I had an infopass meeting which as usual, is an entirely emotionally draining event. The office my case is at is over 2 hours away, so I've been fortunate to have the chance to stay with a family member who lives an hour away, making it slightly more convenient to get to my appointments. So let me start with some background info as this case can be quite complicated.

My wife's I-130 was approved in July 2010 where I was interviewed in Los Angeles. We were married in December 2009. My wife was interviewed at the NVC in Hong Kong in January 2011 and approved, but her visa application denied because she was barred in 2006 at LAX.

The justification for the bar has been proven invalid by my attorney, and the LA office has had the case for over 120 days now. A month ago, the case had a sticky saying "Pending Supervisor Review on Who Has Jurisdiction For I-212". The officer could give me no further information. A month later, I returned to CIS and they are now saying they need ANOTHER 60 days to review the case to decide what to do about some legal issues. I asked what legal issues they were talking about and they wouldn't discuss them with me. They asked if I was a lawyer and of course I said "no", and the officer said they needed to talk to my lawyer. I asked to talk to the supervisor and after 20 minutes, was told he was too busy and that they need to work out the legal issues. I'm frustrated, sad, and upset. Everytime I go to CIS, I made being subjected to different requirements. My day started out with an officer who couldn't find my case and literally told me that without a proper case number, there was nothing they could do...yet we've been using that same case number for 6 months now. Instead of giving up, I asked to speak to his supervisor. She asks me if I am a US Citizen. I said yes. She asks me if I was born in the US. I say no, I was born in Taiwan. So she says " You were naturalized. I need your naturalization papers". I'm astonished. She needs to see my naturalization papers to inquire about my wifes case??? I pull out my US Drivers license and she tells me they are not the DMV. I tell her I was born 40 years ago in Taiwan but my parents were US citizens! She says, so show me the proof. Fortunately, I had a photocopy of my US birth certificate and she says "Ohh so you ARE a US Citizen. You were born into it". I ask her for her name. Then she asks for a I-212 receipt which I never got one..though I have a payment stub copy which she would not accept. I told her I was here 3 weeks ago. She said give me an official government document that proves that. She wants ME to prove that I was here 3 weeks ago??? I don't have anything like that. She says she cannot help me and I need to go find proof. I tell her the name of the last officer I saw and that she had seen me twice and would remember me. This officer says "Oh...you saw M. XXX, would you like to speak to her?" I reply "OF COURSE". Next thing I know, she is mumbling my wifes name..she was somehow able to pull it up using the previous officers name.

Back to my wifes' case. The way I see it..is that CIS has realized that a mistake was made nearly 5 years ago in barring my wife, and they are now trying to figure out how to extricate themselves without being subjected to potential lawsuits. My attorney is trying to get in contact with the supervising officer and reviewer, but I'm afraid it's going to drag on for 2 more months.

I guess I'm not really looking for any answers, I just need to vent. I tried to keep my emotions in today, but I couldn't. I literally fell apart when I was told they needed more time and couldn't tell me what the problems were. The reviewer then blurts out that this was her first day on the case..that she was just handed it and wasn't familiar with it. We opened this case in November 2010, it's now June 2011 and they are just assigning yet another officer to it? It's been reviewed 3 times during this time period.

I just want to be reunited with my wife. She did nothing wrong. I don't know who else I can turn to.

Richard

[san diego 407]

For what it's worth.... twice I was in secondary processing at a US POE when non-US citizens were being interrogated. It was disgraceful how they were treated. I was a victim, myself, once, of an overzealous Customs & Immigration agent. In fact, I was being treated so maliciously that another agent came over and came to my defense. It was deplorable. I can only imagine what horrible people these people are in order to treat others in that manner.

US POE is a disgrace. I never experienced it as I always entered US through USC line where they are extra-nice. I had my wife's (then fiancee) K1 visa issued without a single RFE. IN fact, her interview in Moscow was less than 1min. Crystal-clear case. Cannot be clearer from all points of view. We traveled together through POE LAX. This was the first time I experienced how rude, unprofessional US Officers at the POE can be. They were interrogating her for >20 mins for NO REASON. Just to show there power, I guess. I felt absolutely helpless. The first thing the officer (female) said to her was "You know, if I want to I can refuse your entry!". What guests of our country will think about US? How can US project good international image if foreigners are treated like that at POE??