Request for Evidence and I-212

[mchavarria228 0]

Hi everyone,

My husband was deported to Guatemala back in February 2012 because he had an order for deportation. He finally had his visa appointment in July 2013, and they requested that he file the i-601 waiver (did not check the box for the i-212). I sent the i-601 waiver and it was received on August 1, 2013. After not hearing anything at the beginning of March 2014 (and seeing that the processing date had passed on the USCIS webpage) my husband called and asked for a status update. On March 20th, we saw online that a Request of Evidence was sent. We received the RFE on Tuesday (April 2, 2014).

The RFE requests some additional information regarding hardships, which is fine. It also requests him to sign the waiver application, which they included, although he already did... so I guess he'll sign it again.

The part I'm concerned about is that they also requested the receipt for the i-212, or that we file the i-212 when we send back the RFE. I'm concerned because they didn't ask for this when he had his appointment at the consulate, and now I don't know if this is really going to delay everything. Of course I'm going to send it, but I also don't know how to send it with all of the same hardship evidence that we included in the i-601, in that little envelope that we are required to send it in.

Does anyone have any ideas/input? Also, any input on responding to the RFE would be much appreciated! Thanks!

[mchavarria228 0]

I guess I should have included in the subject that I need help... I hope someone has some insight that would help!

[ShirahBet 42]

You don't have to send it in that little envelope, so I wouldn't worry about that. I saw you posted this question on I2us, and that's probably a better forum to watch. It's a slower forum, but you'll get an answer. I really don't know anything about the 212, but you're not the first person that's received an RFE for this recently.

[LoveMyTico 999]

The I-212 is a waiver asking permission to re-enter the US after deportation/removal. I'm surprised you didn't research this. Just because the consulate didn't ask doesn't mean you don't have to file it. That is the process. The I-601 is a hardship waiver. Hardship on the petitioner. There are guides for waivers on VJ. You have to have some very solid reasons. and not just one or two. Immigration doesn't care if the beneficiary is more comfortable in the US and has a job etc... The hardship is for you. Research EXTENSIVELY or get a lawyer who is experienced in writing waivers. Expensive but well worth it

[mchavarria228 0]

Thanks for your comments.. I actually didn't post it on i2us because I heard that it's not really responsive recently.

I did a LOT of research on i-212 and i-601. I know what both forms are. I went and saw a lawyer, who told me that they would request the i-212 after i filed the -601, which I guess it what they're doing now... in a way. I've talked to 3 lawyers since this started more than 2 years ago.. lawyers around my area seem to all be scam artists. So since the letter from the consulate didn't have the i-212 checked, we thought we were OK at that moment.

I know about my EXTREME hardship and I actually had about 7 hardships, including medical, country condition/safety, employment, etc... I get the part that I need to expand on what they requested in the RFE. I'm just concerned about the i-212 and what to submit with it since it will be going with the RFE.

[Boiler 45,837]

From a hardship perspective, the 601 and 212 are pretty much the same. Just another form and fee.

[ShirahBet 42]

I apologize for confusing you with someone else, but the exact same question with the exact circumstances were just asked on i2us. And I too, when I first signed up, thought it was a dead forum, but it's not. There is a lot of activity over there, it's just minute in comparison to this forum. I'd still check out the answers.

Most people DO send their 601s and 212s concurrently as the RFE adds time that no one really wants to spend waiting. And since they have to review an entire 212 packet, this will add more time to review than say, what my RFE was for, which took 3 business days to review and receive response. But, what's done is done, so send that sucker off.

Edited April 6, 2014 by ShirahBet

[Kari & Atti 411]

On 4/6/2014 at 8:49 AM, ShirahBet said:

I apologize for confusing you with someone else, but the exact same question with the exact circumstances were just asked on i2us. And I too, when I first signed up, thought it was a dead forum, but it's not. There is a lot of activity over there, it's just minute in comparison to this forum. I'd still check out the answers.

Most people DO send their 601s and 212s concurrently as the RFE adds time that no one really wants to spend waiting. And since they have to review an entire 212 packet, this will add more time to review than say, what my RFE was for, which took 3 business days to review and receive response. But, what's done is done, so send that sucker off.

Where and at what point of the the petition you send or file these two forms?

I might be in the same situation after filing a K1 petition (fiancée visa), fiancée was deported 20 years ago. I have an RFE coming my way after my NOA1, don’t know what it is yet but want to be prepared. Please share anything that can help me make this smoother. Thanks 🙏🏻 

Edited January 14, 2018 by Kari & Atti