Completely Confused on what to file (I-601 or I-212 or both)

[Happyfaces 1]

"I am new so I am sorry if i don't write in the format you are used to"

Boy this is a long and "black hole" type of situation I am currently in,

Timeline: Got married in 2004 to USC

filed adjudication to remove conditions "late" by my own stupidity

Divorced husband in 2008

received new permenant resident card 2 months after divorce was finalized

Called an attorney and was advised "not to do anything" (should have looked for another attorney) again stupidity!!!

Married my current and second husband in 2009 a USC

2010 applied to become US Citizen without knowing the issue I was in, application was denied at interview and told to wait for an answer on what to do.

Received answer many months later accusing me of commiting fraud and lying to an immigration officer (not sure where they got this from, there is no proof of such thing and I never lied to anyone regarding my immigration application)

then received a letter telling me my case was being reviewed and to expect a decision

Sent an appeal and was denied many months later

On Jan 2012, while i waited for the appeal decision I had to travel to Panama for family issues,

While in Panama my husband received the letter telling me my permanent resident status was terminated because I divorced my ex before I recieved my new permanent visa even though I recieved the letter approving it before the divorce.

Now you can imagine how harsh this was, now i was not able to go back home and this happened in 2012.

November 2012 we received the notice of appear

Months later received date and place for court hearing set to be on Feb, 2014.

Husband and I spend many months trying to get help regarding this issue and no one not even attorneys knew what to do in my case, everyone had something different to say about what to do regarding my predicament. One attorney suggested best thing that I could do was to relinquished the visa (from my first husband) so with that in mind I went in to the US embassy in my country "Panama" in March 2013 and spoke with many officers until one also agreed and seemed very knowledgeable and so he helped me filing form I-407 abandonment of permanent resident status, now this officer assured me that this would take care of the issue going on back in USA and that all proceeding would be stop at the fact that I no longer was in the USA and or possesion of such Visa and also advised me to have my husband apply for my new visa with the I-130 form.

This looked so easy to me and so I asked many times while filing form if there was anything else I needed to to in order to make sure none of the issues i had pending in the USA would affect me later on and he assured me what I was doing was everything I needed to do.

I-130 was approved March 2015

NVC approved I-130 couple of months later (great!)

Interview was June 2nd, 2015 "so very happy until I got the most feared news that day"

Interviewing officer informed me that my visa could not be given to me at the time because I had a court hearing "pending", so I explain how baffling this was to me given the fact that I was told something completely different and she agreed but said she would have to research and would get back to me.

2 weeks later I go back in and was told I am inelegible on section 212 (a)(9)(2)(a)(ii) and was told by officer to file form I-601, so since I was still very confused to why this is happening and officer telling me she didn't know much about I requested an explanation to National visa center since US embassy didn't know.

In the meantime I waited for the explanation I did and filled the form gathered everything for I-601, called USCIS for help filling form they also agreed I should use form I-601.

Received a called from a US embassy Panama officer and explained to me what happened, basically whoever was in charge of sending form I-407 did not send iformation of my immigration status to the courts so courts never new I was out of the country and so I was process for removal in absentia and banning me for 10 years in Feb, 2014, he also assured me that filing form I-601 would fix issue with no problems (still mad and angry at the injustice of this).

Finally got form all ready and husband getting ready to send form I recieve a letter form NVC explaning my issue and also telling me that I must file form I-212!!! So now husband and I are about to explote in anger, I mean now what? who is right about this now?

I mean I have been screwed over by the US immigration system big deal and keep getting screwed over, I mean now is a different form. So my husband made an appointment with USCIS field office in Cincy, OH and Immigration officers basically said you guys are in a "black hole" we just don't know because my case doesn't apply to any form but that they could see clearly that US embassy made a mistake at not delivering information regarding my status and that maybe if US embassy in Panama admits in writting of their mistake I may have a chance on getting this issue fix.

May I mention I have never been ilegal in the USA not even for a second even if that was possible, never lied or committed fraud on my immigration applications, and was more than willing to work with US immigration system in order to fix my problem and the only place I could do it was at the US embassy given that I was no longer in the USA.

So will love to hear what you have to say about this, Yes I made mistakes but nothing like braking any immigration laws...

Anyone knows what form I should file after all and if I have to file both? my head is about to explote I cannot even think anymore.

[Boiler 45,516]

How did you enter the US?

[Happyfaces 1]

I do not quite understand your question. I am currently living in Panama.

How did you enter the US?

[Boiler 45,516]

You were you said in the US, how did you enter?

[Happyfaces 1]

Not sure why that matters but I first entered the US as a teen in a visitors visa to look for schools then decided to stay and applied for a student visa then I finished school and came back to Panama then went back with my USC boyfriend with my visitor visa and then we got married in the USA and that's when I applied for my first permanent resident status.

Hope this answer your question.

You were you said in the US, how did you enter?

[TBoneTX 45,291]

Here is a gigantic immigration-law firm that had very reasonable e-mail and telephone consultation rates when I used them, years ago:

http://www.fosterquan.com/services/individuals-and-families/

Someone there surely can figure out a way to help you.

I have no connection with the firm except as a satisfied former customer.

Edited September 5, 2015 by TBoneTX

[Happyfaces 1]

Thank you, I may look into it... quite honestly we have talked so many attorneys and we just don't trust anyone anymore as we have been given so many different counsel and none seems to work. But thank you so very much.

Here is a gigantic immigration-law firm that had very reasonable e-mail and telephone consultation rates when I used them, years ago:

http://www.fosterquan.com/services/individuals-and-families/

Someone there surely can figure out a way to help you.

I have no connection with the firm except as a satisfied former customer.

[Boiler 45,516]

Did any of the Lawyers or anybody else mention a 6B ban?

The major issue otherwise seems to resolve around the filing to remove conditions and your then relationship with your ex, you filed as being in an ongoing marriage and it sounds like it was not, perhaps you could expand on that area and the dates, when you filed vs when you seperated, what the staus was when you application was approved versus issued.

[TBoneTX 45,291]

Thank you, I may look into it... quite honestly we have talked so many attorneys and we just don't trust anyone anymore as we have been given so many different counsel and none seems to work. But thank you so very much.

I understand completely. Trust me that these guys are GOOD. I got far, far more time and attention from them than what I ever expected and for what I paid.

[Happyfaces 1]

Hi, honestly husband and I gave up on attorneys a while ago and we cannot even remeber all the things we were told. What the letter from NVC says is that my problem with the visa is that I "miss that hearing appointment" that's how they see it because my I-407 form was never sent to the courts and so they didn't know I was already out of the country and relinquished that visa in question.

I was told in that letter I-212 would be necessary for me to fix this, but USCIS is telling us that I need I-601 but that I would need some sort of official letter from US embassy saying they made a mistake in order for form to get approved. (now this is one officer's opinion) I been told different by many different officers, you can see my confusion.

So far US embassy in Panama is completely worthless, I had to resource to twitter where I said how bad they have been to me and regarding my issue to actually get someone to call me back and explain in detail why I was denied. And officer did admitted a mistake was made but I don't know if they will make it official in "paper", so far all i have is very bad experience from them.

My husband is making an appointment to the Lousville, KY office where they sent me the hearing notice and I guess where they process the removal order and I am hoping they can help us more about what form they will need in order to fix and issue that is not even my fault to begin with and bty every other officer agreed with us, but no one seems to know what to do about my case.

: (

Did any of the Lawyers or anybody else mention a 6B ban?

The major issue otherwise seems to resolve around the filing to remove conditions and your then relationship with your ex, you filed as being in an ongoing marriage and it sounds like it was not, perhaps you could expand on that area and the dates, when you filed vs when you seperated, what the staus was when you application was approved versus issued.

[Boiler 45,516]

There are good waiver Lawyers out there, obviously cases like this are where Lawyers make their money.

I would at least have a consultation with a competent lawyer so you know what you are up against, make sure you have a detailed timeline of what happened and when to get the best value and make notes. Often the devil is in the details.

[Jawaree 717]

You guys may need to speak to Liz Cannon who will tell you her opinion (not advise)

in a free phone consult, also speaking to your congressperson can most times help in a

black-hole USCIS will never admit to a mistake unless queried by a congress-person or

an atty you guys cannot fix this alone consulates don't admit to mistakes...have an atty

sort it out ,do an AO , go to AILA. legalnet or whatever

[newacct 688]

2 weeks later I go back in and was told I am inelegible on section 212 (a)(9)(2)(a)(ii)

There must be some typo here because the 9 should be followed by a letter

[MrsAwakened 7]

Some people have to file both. It sounds like they want both. Safest bet? Send both. If they end up only needing one, you went above and beyond the call of duty and gave them a boat load of info.

Wouldn't that be silly/annoying if you send one and not the other and they're like, "lol jk we needed the other one/both". -.-' that'd be uncool. Also, wouldn't it be really annoying if someone (attorney or not) told you to just send one and you really needed the other or both? Just by a glance of what you typed, it sounds like they think you commited fraud (considered a crime). That usually means you need I-601. Then, just the fact you are considered deported, that means you need the I-212. In conclusion, SEND BOTH TO BE SAFE!

Hope that helps. keep us updated.

[Boiler 45,516]

Effectively having done a 601 then the 212 is just another fee as the 601 waiver format would pretty much cover the 212.