Do I have to wait out my 10 year Ban or can I file Waiver Now?

[dwheels76 5,468]

Okay filing for a dear friend and need some input and help. Here is the story.

"At my recent nterview the CO said I was going to be "refused" which was different from denials. The CO went ahead to tell me the reason why "Overstay" and told me which waiver I qualified for and said when NVC gets done with that they will get in touch with me and ask me to come in.

I incurred a 10 year ban and had left the US after I was granted voluntary departure.

I have been out of the US for about 10 months now and after the interview, the CO said it takes about 2 months or less to get approved since I had already had my interview.

My hardship is based on some aspect of medical both on my wifes side and her parents side and also financial, security on both sides.

Based on the code I was deemed ineligible for the visa. It could only be found under I-601 (INA section 212 (a)(9)(B)2 which after looking up the i-212. I couldn't find on there.

1. Does he have to file just the I-601 or does he still need the I-212?
2. Does he have to wait out the 10 year ban or does the waiver negate that?

Thank you, me Dwheels76

[dwheels76 5,468]

From a very knowledgeable VJ member

there are recent changes....within the last year.,

1-The ban is triggered by someone leaving the country.

2- some categories of family may now file I-601 prior to triggering the ban by filing while they are still in the USA.

3- otherwise, the 601 is filed after an immigration visa is refused at a foreign embassy - You meet this criteria.

A Waiver is a waiver for the ban. Meaning, say 3 years into a 10 year ban, you got a waiver. The ban then is moot.

[ShirahBet 42]

Also, it definitely does NOT take 2 months to get approved. They're averaging 6 months right now for adjudication. So long as the applicant has a qualifying relative, then they can file whenever since the applicant's already had a visa interview.

Someone recently received an RFE to file a 212 for voluntary departure, even though I don't believe it's required, but don't quote me on that. I really didn't do any research on what necessitates a 212 waiver, since we didn't need one.

Edited March 30, 2014 by ShirahBet

[NigeriaorBust 4,087]

The 601 is the remove the ban for the overstay a 212 is for deportation, if he sent himself home without having been picked up there should be no need for a 212, if he was picked up the 212 could come in to play if he went to court. If the 601 is approved the ban is gone. I would recommend to head on over to immigrate2us.net as they are the center for troubled immigration paths. It is much more than filling out a form and submitting it, and getting it wrong can be very bad.