I-212 after 10 years under 9C

[H Suarez 0]

We are processing our I-212 after my husband has completed 10 years outside of the U.S. Received by USCIS 5/17/16. We received an RFE from USCIS Nebraska Service Center & a letter from the U.S. Consulate in Ciudad Juarez. Both in the 2nd week of June and both for prints. My husband went to the open appointment he was given on 6/17/16. He completed prints and answered a few short questions. The consulate did not give him any paperwork and our case status has not been updated. Any idea what we should expect? Packet requesting new affidavit of support, medical, DS-260 and interview?

[maris73 0]

Hi, I havent seen a post where someone had completed the ban outside of US, hopefully someone will help you but it seems as they ask the same documents again, ds 260, affidavit, medical exams and fingerprints and interview, I would soppose the CO will give the blue paper with the chance to file the i601 waiver.

a 9c its a lifetime ban so you still will need to file the i601, right?

[newacct 688]

a 9c its a lifetime ban so you still will need to file the i601, right?

No, I-212 is right. There is no immigrant waiver for 9C; I-212 for permission to reapply is the only option.

[maris73 0]

No, I-212 is right. There is no immigrant waiver for 9C; I-212 for permission to reapply is the only option.

There is a waiver for the 9c once he had spent the 10 years outside the US as the OP said he did.

He will need both.

[newacct 688]

There is a waiver for the 9c once he had spent the 10 years outside the US as the OP said he did.

He will need both.

No, there isn't. This is a little bit of a technical point, but 9A and 9C bans do not have immigrant "waivers" (which are filed by I-601). I-601 is completely inapplicable. Rather, 9A and 9C bans can be eliminated completely (not just waived) by applying for "permission to reapply" with I-212 (for 9C it can only be applied for after being outside the US for 10 years). Sometimes people refer to this as a "waiver".

[maris73 0]

well maybe thats the confussing part. everybody refers to it as waiver. Thanks for the expanation

[H Suarez 0]

Thanks everyone.

Correct, we have only filed the I-212. As far as I understand, to this point, we do not need the I-601.

So, a bit of an update...on the CEAC website, our case now shows "Refused", with a date of 7/8/16. Still nothing in the system at the Consulate Call Center, but I think this is progress.

[H Suarez 0]

After 10 business days, the Consulate Call Center sent another inquiry to Ciudad Juarez. The CEAC showed the update and now reads 7/15/16.

Also, just read about another case like ours that went through the San Bernardino field office and the same thing happened. Sent to NSC and now, after 8 months, was transferred back to San Bernardino. Sad news. We were hoping for an approval soon. We'll just have to wait and see.

[maris73 0]

Sorry.

[H Suarez 0]

Received a letter from the consulate in Juarez today that states that my husband can now file the I-212....smh! Of course we knew that, and the letter doesn't say anything to show he completed his digital prints so I don't think I can use it for the RFE. Crazy. Guess I'll call USCIS tomorrow morning to ask what I should do next. I guess we could make another appointment for prints at the Consulate in TJ, but seems like we just made a trip to Juarez for nothing. ???

[H Suarez 0]

Spoke with USCIS and they advised me to submit the letters we received from the consulate, along with a letter from me in response to the RFE. I wrote the letter explaining the actions we took to get the prints and explained that the last correspondence was in response to obtaining those prints, so I hope that is sufficient. Just need to get the letters from the consulate translated and it will be ready to mail. ???

[H Suarez 0]

Quick update. We got the translations over the weekend and I mailed the response overnight. Concerned that they will not initially see the red edge on the RFE envelope that they sent us, but I enclosed the response in that envelope inside of the overnight package. I'll give an update when we I know anything else.

Edited July 25, 2016 by H Suarez

[maris73 0]

Thanks for the update, this post will help others in the same situation.

[H Suarez 0]

Quick update. Status on our I-212 case has now been updated to "My response to USCIS Request for Evidence has been received." receipt date 7/27.

Hopefully approval comes soon. Depending on the case type I have heard some come within days, but then I have seen other I-212 cases that have taken more than a year. I guess I will just remain cautiously optimistic. ?

[H Suarez 0]

Thanks maris73. That's exactly what I'm trying to do. It has been very hard for me to do research for our case because I have not seen many like it, and those that are similar haven't yet reached the 10 year mark or have just reached it, like us. I'm posting every step of our immigration experience after the 10 years in hopes that it could help someone.