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

[Happyfaces 1]

I wouldn't be surprised if NVC made mistakes too by making a "typo" but yeah that is the code.

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

[Happyfaces 1]

So far we have not received any help from our congressman, only an email requesting info and that's it! this was many months ago. We are starting to look into maybe talking to some attorneys, if we cannot get a definate answer from USCIS in Louisville, KY we are probably going to start making some phone calls to some attorneys.

Thank you so much for feedback.

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

[Boiler 45,527]

212(a)(9)© Unlawful Presence after Prior Immigration Violation?

[Happyfaces 1]

Section 212(a)(9)(2)(a) "as it was written by US embassy officer" in the refusal worksheet.

NVC writes in one part as "section 212(a)(9)(A)(ii) of the INA, under this section of the law, anyone who was ordered removed other than at the port of entry is inadmissible for 10 years after departure."

i am guessing the (ii) is also use as (2), meaning the same thing... guessing

[MrsAwakened 7]

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

Very true. I forgot they're both expensive! Lol >_<

[Happyfaces 1]

Yes, currently $585 each form

Very true. I forgot they're both expensive! Lol >_<

[Boiler 45,527]

Legal fees are where the expense is.

[Villanelle 4,122]

Yes a "ii" is also known by the number "2"

Please see this link-

9 FAM 40.91 N1.2 Ten Year Bar

(CT:VISA-2255; 02-18-2015)

An alien who has otherwise been removed from the United States under any

provision of law, or who departed while an order of removal was in effect, is

inadmissible under INA 212(a)(9)(A)(ii) for 10 years following such first removal

or departure from the United States.

An alien is not inadmissible under INA 212(a)(9)(A)(i) or (ii) if prior to the alien’s

re-embarkation at a place outside the United States or attempt to be admitted

from a foreign contiguous territory, the Secretary of Homeland Security has

consented to the alien's application for admission. An alien applies for a consent

to reapply (also called “permission to reapply”) by filing the Application for

Permission to Reapply for Admission into the United States After Deportation or

Removal (Form I-212) with DHS, at any time within the applicability period of the

5, 10, 20 year, or permanent bar. If the Secretary of Homeland Security

consents, then the inadmissibility no longer applies. Although the consent to

reapply removes the ground of ineligibility, it does not remove the factual

circumstances which led to the original finding of ineligibility nor does it affect any

other ground of ineligibility.

http://www.state.gov/documents/organization/87034.pdf

So you need to file the 212.

-------------------------

As for what do you need to file- Im going to say both.

The 212 is a waiver for re entering the country after deportation

601 is generally ANY and all inadmissibility except deportation.

------

Im not really surprised that you are having difficulty finding an attny- If you can not clearly understand what happened youre going to have a hard time explaining it to anyone for assistance. Notably you skipped over Boilers questions about what initially happened- why you got sucked into such a mess. Thats going to matter when you try to explain it.

So what exactly happened with your ROC? Did you file it jointly when you were not "joint" with your spouse? When did you divorce vs when you applied. Were you interviewed? Thats where this started and thats where information is needed.

From what you are saying you were approved for ROC and then when you went for citizenship they found information and went back and undid your ROC> This is why that information about what happened in regards to ROC is relevant.

[Villanelle 4,122]

Also for clarification purposes you state this was written on your refusal- Section 212(a)(9)(2)(a) and this was sent by NVC- "section 212(a)(9)(A)(ii)"

To be clear there is no a92a. The consulate officer most likely made a mistake when writing it and meant to write a9a2. You can write to them (the consulate) and ask for clarification. However it is most likely the a9a2.

[Happyfaces 1]

Update: Currently waiting for my husband to get the time off to go to USCIS field office and we are hoping to get more clarification from them. I will post answer when we get it. Thank you all.

[Happyfaces 1]

Update: we finally received letter from Senator Rand Paul where comfirms I was never in the country illegal and that I was not able to assit to court hearing because I was out of the country and relinquished visa this comfirmation was requested to US embassy in Panama. So we are adding it to form I-601 and will be mailed as soon as other documents are ready. Now we just wait for an approval, we hope we will get the approval.

I will keep you posted, thank you all for your help and best wishes to you all.

[NigeriaorBust 4,087]

It sounds like immigration thinks you committed fraud when you filed for removal of conditions. That is the key to straightening out your mess. When did you first green card expire ? When did you file for removal of conditions and when did you and your ex stop living together . Also when did they approve the new green card ?

[newacct 688]

It sounds like immigration thinks you committed fraud when you filed for removal of conditions. That is the key to straightening out your mess. When did you first green card expire ? When did you file for removal of conditions and when did you and your ex stop living together . Also when did they approve the new green card ?

What "fraud" do you think they committed?

[NigeriaorBust 4,087]

What "fraud" do you think they committed?

Immigration seems to think they weren't a viable married couple when ROC was applied for based on a valid marriage. Dates would help to see if this is the point they are hung up on.

[newacct 688]

Immigration seems to think they weren't a viable married couple when ROC was applied for based on a valid marriage. Dates would help to see if this is the point they are hung up on.

ROC doesn't require a "viable married couple" at the time of filing. A jointly-filed ROC just requires that both people attend the interview, the marriage was not terminated at the time, and the marriage was not entered into for the purpose of getting a green card.