questions after filing I-212

[Lone:I-212 0]

Hello. This is my first time posting. My husband was found inadmissible for his immigrant visa under 212(a)(9) ii A and told by the consulate in Johannesburg, South Africa to file an I-212 waiver. Though we were planning on moving back to the U.S. together, I had to return alone and we are now waiting to be reunited. Can anyone answer our questions:

1. How do we find out exactly why he was deported (we have his A number: he attended high school, undergrad and post-grad in the U.S.)?

2. We filed I-212 by making an INFOPASS appt in Baltimore, but the woman who accepted said they were mailing it to Washington, D.C.. Why would they be mailing it to D.C. when the consulate informed us his deportation hearings were held in Baltimore (thus this should be the local office according to I-212 form instructions)?

3. We were not given a normal processing time, so how long should we wait to call national service number to get a receipt and case number?

4. Will the changed process for adjudicating I-212 translate into a speedier processing time for I-212's filed at local field offices?

5. Will asking senators to write on our behalf make this torturous process any faster?

Our timeline is:

4/2/2012: I-130 petition approved

6/20/2012: Interview at consulate

6/27/2012: Found inadmissible and told to apply for only I-212 waiver

7/9/2012: Filed I-212 at local Baltimore field office

Fingers crossed and trying to be patient.

[canadian_wife 1,827]

Interesting, he doesn't know why he was deported? They must have told him during detention right?

Good luck

[Lone:I-212 0]

Thanks for replying. He never went into detention. Moved back to South Africa voluntarily and we only found out about the deportation after having interview. Do you know how we can access his A file to find out why he was deported? He was enrolled in school the entire time he was in the U.S., even got an employment authorization card for part-time work at the university. The Dean of students at his university wrote a letter to the consulate confirming his student status (the passport with his visas for the last 2 years was lost, so we had to get this extra proof), but after we had the interview and were bringing in final requested documents (long-form birth certificate), they told he was deported. When we asked the immigration official why, he only said that they had mailed notices of his deportation hearing and my husband never received them. During the period he was back in South Africa (6 years), he had not traveled back to the U.S., so did not have any idea about the deportation. We met while I was enrolled in post-graduate school and living in SA for 2 1/2 years, got married and decided to move back to the U.S. to be closer to my family (sister just had a baby and parents growing older), but now we have to deal wit this.

In looking up the INA act under section 212(a)(9)(ii)A, it does not clarify exactly why he was deported. I asked the clerk when filing his I-212 application why he was deported and was informed that under the Privacy Act, she can only reveal this information to him.

Can anyone shed some light on our particular I-212 situation? Thanks and trying to have patience.

[canadian_wife 1,827]

You'll have to do an FOIA request to access his A file. It might take a while however

http://www.state.gov/m/a/ips/

Good luck

[Lone:I-212 0]

Will this cause the I-212 application to be processed any slower since we have already submitted it? Thanks.

[canadian_wife 1,827]

It shouldn't.

What is the situation with him? Why was he in the US so long? Why did he leave?

Good luck

[Lone:I-212 0]

He was recruited to play basketball in high school and college (in Baltimore) and then attended graduate school. In 2006, after completing his first year of grad school, an opportunity arose for him in South Africa, so he decided to return home (also had lived away from his family for a long period of time and felt it was time to move back home). We have all of his visas for the time period he lived in the U.S. except for the last two years because he lost a passport, but like I said, even the Dean of students at his university wrote a letter to the consulate confirming that he was enrolled in graduate school during this time (in order to be enrolled, he MUST have had a student visa). Apparently, the guys at the consulate told us he had been sent letters about the deportation hearing, but he never received anything like this. Only now, 6 years after he left the U.S., did we find out about it.

[canadian_wife 1,827]

He was recruited to play basketball in high school and college (in Baltimore) and then attended graduate school. In 2006, after completing his first year of grad school, an opportunity arose for him in South Africa, so he decided to return home (also had lived away from his family for a long period of time and felt it was time to move back home). We have all of his visas for the time period he lived in the U.S. except for the last two years because he lost a passport, but like I said, even the Dean of students at his university wrote a letter to the consulate confirming that he was enrolled in graduate school during this time (in order to be enrolled, he MUST have had a student visa). Apparently, the guys at the consulate told us he had been sent letters about the deportation hearing, but he never received anything like this. Only now, 6 years after he left the U.S., did we find out about it.

Ok, was there ever a time where he did not attend school? When he decided to go back to South Africa, did he take a few weeks to settle affiars in the US before he left, without attending classes? Did he ever get any sort of ticket or arrested or any run ins with police?

[Boiler 45,939]

You do not need to be legal to attend college in the US.

Suggest you ask him what the deal is.

[Lone:I-212 0]

The deal is we're being forced to endure this unknown length of time period separated from each other until his I-212 waiver is granted. We just want to figure out why he was deported in the first place and understand if the new adjudication process instituted by USCIS on June 4th 2012 will be more efficient, thus hopefully shortening this time apart. Please refer to beginning questions and other posts.

[canadian_wife 1,827]

You do not need to be legal to attend college in the US.

Agreed, but the OP said he was on a student visa. If he failed to attend classes, the school may have notified SEVIS which could have triggered all of this

OP - could you answer my questions?

Good luck

[Lone:I-212 0]

Sorry, sent a reply yesterday, but for some reason didn't post. Yes and yes. He was arrested with some friends and charged with possession of marijuana. This was a result of racism (the cop actually made a racist slur when arresting them), there was no evidence (even in the police report it claimed he had marijuana on his person, but failed to mention the amount or even that the police took possession of this), and the judge ruled no prosequi (non-prosecuted) and charges were dropped. Unfortunately my husband's young self (he was only 24 when this happened) did not have this expunged from his record even though he was eligible, so we are doing this now. The consulate requested court documents which we provided. Could this have anything to do with the deportation?

Also, he did not finish his 2nd year practicum training in post-graduate school and was in the U.S. for a few months not doing this before moving back to SA.

Thanks.

[canadian_wife 1,827]

Ok so a drug arrest and he didn't attend school?

Then I'm going to assume, and probably so, that he didn't attend school and the school reported him. Although he should have received a notice to appear for a court hearing, he may not have if he already departed the US and thus was deported in absentia

That sounds like the likely case.

Good luck

[Lone:I-212 0]

Yes, this seems the likely situation. But if the school had reported that he had not obtained a position for the practicum training, why would the Dean of students write a recommendation letter for him (affidavit to submit with I-212) AND also she said she'd looked his status on SEVIS and recommended the consulate to do so to confirm that his stay was legal for the period of time we could not prove due to the lost passport?

Is there anyway that he was flagged because of the arrest and even though it was ruled non-prosequi?

[canadian_wife 1,827]

You are asking questions beyond what anyone can tell you on a free visa website. If you want concrete answers, file the FOIA request, but be prepared to wait, it can take up to a year

Good luck