HELP: My fiance needs waivers, and our NOA2 expires next month.

[Eliezer y Wendy 13]

My fiance was told that she need two waivers: I-601 and I-212. The grounds are Section 212(a)(9)(A)(ii) and Section 212(a)(9)(B)(II). Thanks God in the paper also says she is already eligible to file both waivers. She was told these waivers can take up to 6 months to process, and I'm concern that our NOA2 expires on March 24. That's next month.

I really don't know where to begging with these waivers alone, and I don't even know if I would need to extend my approved petition. I'm hoping some one can point me in the right direction. Would she also need to bring new police records and any other document that might expire by the time the waiver is adjudicated? What about the medical exam? Does it expires?

Thanks God for this website. I really hope some one can give me some advice on how I should go with this whole waiver thing. I see that many consider that these forms should be prepared by an attorney, and some have done it themselves. I really don't know what to do I'd really appreciate any help and advice on all this.

Thanks again.

[NigeriaorBust 4,087]

Waiver take a bit of work, it seems your fiance overstayed and got deported. It will not happen before the the end of your petitions validity. Was he denied and told to apply for the waivers. Sometimes as a fiance it is hard to prove hardship as they aren't immediate relatives. There is another site all about waivers immigrate2us.net

[KayDeeCee 4,894]

~ Moved from K-1 Process to Waivers and Administrative Processes - topic is needing waivers ~

[Ilovemyman 147]

I guess you need to get marry and apply for waiver.

[Jawaree 718]

Fiance waivers are doable especially if a relationship was on-going prior

You need to consult with a waiver atty.In the meantime please know the

atty will have to argue a case of Y the mate cannot come to your country

to live, the hardship to the USC without the other, show rehabilitation.

I notice a 212 (a) 11 , so letters and evidences to back up your atty brief.

Waivers currently seem to be taking 7.5- 12 mths now from the trendings

by NSC some who R lucky get an answer 7-8 mths. With two ban U definitely

need an atty and some take mthly payment plan DO NOT use a notario nor

is it a DIY case. U should file the waivers B4 it reaches one yr of the interview

PS: USA or other country arrests or convictions will require her disposition as part of package and

fiancées qualify to be waived like an immediate family

Edited February 15, 2014 by Jawaree

[Eliezer y Wendy 13]

thanks all for the input. There is something we don't understand and it's the 212(a)(9)(B)(II) for being ilegal in the U.S. for a year or more. She was brought by her parents as a child in 2000, and received valid social security and work permit a few months after. Not after a year. After that her family renewed the work permit timely on every year for 10 consecutive years. She left about about two months after her last work permit expired. So where is that "one year or more" of being illegal in the U.S.? They said they researched with USCIS and found she had these two bans. We brought all original work authorization cards except for two that were missing. For one of them we have the confirmation letter from USCIS that they received the application.

I'm wondering if that's what they are calling the one year or more of being illegal here. I really thought it was just a "pay these waivers and you should be good" type of thing. Do i need to extend the NOA2? How do I do this? I don't even know where to start... =(

Oh, another thing. I bought her the departing ticket and she left on her own. We reported in person as requested by deportation officers and she was left to leave on her on. Unfortunately, Spirit Airlines cannot find me the receipt for that flight that I only have the confirmation number printed in the boarding pass. The boarding pass has kind of whited out since it was so long ago.

i really appreciate the help. Thanks everyone. I'm just so sad that I thought I was so close to have my family back with me, and now this.

Case continues in God's hands.

[NigeriaorBust 4,087]

Explain what you mean by child and valid work permit. What class of visa where her parents on and when did she leave ( at what age ? )

[Eliezer y Wendy 13]

Explain what you mean by child and valid work permit. What class of visa where her parents on and when did she leave ( at what age ? )

She was brought here when she was almost 11 years old. Not sure if that changes anything, but at that age she was under her parents commands. They entered illegally, running from danger on Guatemala. Her father was in the military and refused to participate in some kind of movement that threatened to kill him and his family. I don't know the details on this, but he applied for Political Asylum the same year they entered. While that was processing, they all qualified to have Work Authorization Card, Social Security Number/Card, and even driver licenses. They had to renew these work authorization cards every year. On 2010 her dad was denied when he tried to renew it for 2011. He was picked up from work by deportation officers. They then called Wendy (my fiance) to go report in person. When we went to report in person as they requested, her 2010 work authorization card was still valid. It expired towards the end of October 2010, and she left on January 2011. She was 22 years old when she went back to her country.

She is calling the embassy tomorrow morning to see if they would explain whats the period they are giving the ban for being illegal for a year or more. This week I'll have a meeting with our attorney to start working on these waivers. I really appreciate all the help and advice here and want to continue to know what you guys know from your experiences.

Thanks again.

[aleful 1,905]

hi

that's the problem, even if the work permit still said it was valid, once her dad's was denied and deported, all of the work permits were denied and cancelled at the same time

so if it was denied in 2010 and left in 2011, there is 6 months to a year of illegal presence that they are stating, overstaying 6 months to a year will give her a 3 year ban, overstaying for more than a year will give her a 10 year ban

and if they are requesting an i212 it means that as the asylum was denied, the family was given deportation in absentia, so she was deported as well or had a deportation order

that's why she has to file both waivers, illegal presence after the asylum was denied and the fact that she had a deportation order and both bans started when she left since she was older than 18 and a half

Edited February 17, 2014 by aleful

[Eliezer y Wendy 13]

Yeah here is where they had some confusion on their status here in the U.S. They were actually denied way before 2010. I will need to ask her again, but I think the asylum was denied after they renewed the work authorization for the second time. What they did was to appeal, and continued to renew the work authorization. Since the work authorization was always approved, they thought they had a legal status here. Crazy thing, but yeah. I don't know if it was a miss communication between their lawyer or what, but to her family they were ok by renewing their status here every year. The way they were thinking was that they were appealing so they don't take that work authorization from them. How ever it happened or what ever was going on, it was very confused to them that every time they sent the papers to renew their work authorization card it always returned approved. Until the last one on 2010 was denied to her father. We choose not to try to renew it since we thought her's would be denied as well.

Thanks God on her last interview they gave her a paper that says that she es already eligible to file both waivers. She told me she saw many other cases that were not eligible at all, and other had to wait even up to 10m years to be eligible to file the waivers.

Thanks again. This is a very complicated case and hard to put all the pieces together since she can't really remember much of what was going on.

[Jawaree 718]

OP the confusion is once she turn 17 she should have left since her dad

was denied, overstay do not count against the kids if they depart by age 17.

now Y did she have a 212A (2)11 ban?....U need an atty not a consulate,,if

interview is already done and she holds a waiver approval from her embassy

(221G) it must ffiled with the lockbox in AZ B4 one year,medical and police

records runs out 6-12 mths depending on each embassy rule. The waivers are

$585 each, not just a form to be filled out and if she reported to her embassy

when she arrived in her country then that part that she left is covered..U must

get an atty. because u have zero knowledge and even regular immigration

atty falters on waivers...U need a waiver atty.

Get docs together to an atty it will take maybe 12 mths goodluck

Edited February 17, 2014 by Jawaree

[milimelo 4,514]

OP the confusion is once she turn 17 she should have left since her dad

was denied, overstay do not count against the kids if they depart by age 17.

now Y did she have a 212A (2)11 ban?....U need an atty not a consulate,,if

interview is already done and she holds a waiver approval from her embassy

(221G) it must ffiled with the lockbox in AZ B4 one year,medical and police

records runs out 6-12 mths depending on each embassy rule. The waivers are

$585 each, not just a form to be filled out and if she reported to her embassy

when she arrived in her country then that part that she left is covered..U must

get an atty. because u have zero knowledge and even regular immigration

atty falters on waivers...U need a waiver atty.

Get docs together to an atty it will take maybe 12 mths goodluck

It's actually 18 and 6 months.

[Eliezer y Wendy 13]

I see. I'm glad I on this forum and appreciate all the advice. I notice you specifically suggest a waiver attorney. I've been working with James Martin who has helped my case very much. He told me from the beginning (three years ago) that we should be expecting and preparing for two waivers, and that's exactly what happened. Does "waivers attorneys" have an extra qualification/degree for these type of cases over a regular immigration attorney? Here is his website in case you want to take a look at it: http://www.jgmimmigration.com/ . The most important thing about James is that he has gained my trust.

Thanks very much for the advice.

[Jawaree 718]

Its best minors leave at 17.5 yrs and waivers are NO longer taking 6 mths its more

[Eliezer y Wendy 13]

Its best minors leave at 17.5 yrs and waivers are NO longer taking 6 mths its more

Are you saying waivers are taking MORE than 6 months??