Called in for an I-130 Interview and told I need an I-212 approved before they proceed

[LilQueen 0]

Dear all, ( apologies in advance as this will be quite a story with length to it)

Yestreday I FINALLY had my interview scheduled for my I-130 application that was filed in September 2006. All the law changed etc made the file go to London and back and I was finally on my way to be with my husband.

The lady at the Embassy CRUSHED me when she said I will need to apply for a I-212 and am not getting anything approved before that.

I seriously need some help because she seemed confused herself and now I am too.

In December 2002, I came to the United States to visit my then boyfriend and his family for his birthday and New Year etc.

The rest of my family was still having a hard time in Europe and we needed a new country to live in. We all decided we will try in America - They came in January 2003. We had family that thought they could help us with the papers etc but eventually nothing came out of that and due to our extreme situation we found a lawyer and he finally filed for Asylum in January 2004.

He promised Work authorizations etc and kept applying for them and kept taking our money but they kept getting denied by the Newark Asylum office, saying that the case has been administratively closed and refered to an Immigration Judge. Then it said that they do not have any record of us needing to appear infront of the immigration judge. The whole letter did not make much sense to me and my parents did not speak English.

We asked the lawyer and all he had to say is I dont know well reapply and again asked us for more money, new photos etc.

We were scheduled to appear infont of an Immigration judge twice and everytime our lawyer just resheduled. WHY?! We wanted it resolved so we could start with our lives. This was torture and a financial ruin.

In February 2005, we had enough. We could not keep paying him to doing nothing it seemed. Certainly not for what we paid him for and for the promisses he gave to us of where the case was going. The last two montha before leaving he was just avoiding us and we could never get him to speak to us either.

We were in his office and due to him not being there we advised his employees that we will be leaving in February and we need him to omit the asylum case.

We were advised by the office that will be done and we left in begining of February. At the airport we made sure to give the I-94 forms to the lady at the counter which would atleast record our departure.

We tried calling his office a few times to see what is going on, we never got anywhere with that. I left contact details of my husband (I got married in March 2003) as we needed original documents that were submited to the Judge and etc back.

The lawyers office never contacted my husband and when he called them several times he was told the attorney is not there and they do not know what to advise him.

I thought everything is sorted atleast about the Asylum case and the Immigration judge.

In September 2005 I came to the U.S. again, to see my husband (still a Green Card Holder then). With an I-94 on the Visa Waiver program. I was admitted into the country with no problem, had my finger prints checked at the Port of Entry and everything seemed fine. I was happy nothing was wrong and everything seemed fine.

In December 2005 I left U.S. and came to Ireland where my sisters live. I attempted to go back to the States in mid January and was refused entry. The office advised me due to having a previous asylum application, I would from now on need a non immigrant visa in order to enter the U.S.

I did not receive any stamp in my passport or anything like that. Was just told that and signed a paper advising I understood that I need a Visa from now on and can no longer enter on a Visa Waiver program.

In September 2006 the Embassy in Dublin accepted the I -130 application my now USC husband filed for me.

I recieved an interview letter for 26th January 2007. One day prior they cancelled due to the law changes and the file went to London.

It finally came back in April and I got a notice for an interview on April 23rd 2007.

I went there and everything was fine accept I now needed 2006 taxes also which I would have to obtain.

I paid for the visa and did not even get to an Interview part as the lady at the counter started telling me I cannot recieved a Visa today etc.

So, she says:

1. I was illegaly present. I advised I was not as I had a pending asylum case via my father. She says that the letter that explains that I was denied Work Authorization says I was not in legal status. I do not understand where she got that. She kept reading it but was confused as per what it said. It stated: Service records show that you filed a form I -589 on January 15, 2004. A review of the records inidcates that your asylum application was administratively closed on February 23, 2004 by the Newark Asylum Office. The Asylum Office does not have juristiction over your asylum application because you are currently in proceedings before the Immigration Judge. Further, the record does not show that an asylum application was filed in conjunction with these proceedings and accepeted by the Immigration judge.

The Service has not record that you have a pending asylum application. For that reason, your Application for Employment Authorization (form I-765) is denied. .....

She was confused by this but still decided to say I was out of status for 10 months but since 3 years have passed since then I do not need any waiver for that.

I still do not understand how I was out of status if I was infact in process for asylum etc. ??

Can someone advise me better as per what the above says?

Then she said I have had a hearing on November 2005. I left the country in Feb 2005. How did I have this scheduled? I was trialed in absence and was ordered removed.

I was shocked when she was telling me this. She stated I need an I-212 approved and when I have that to let them know and they will proceed with the application as at this points they are not allowed to proceed with my application until I get a Permission to Reapply.

She said I have a ban with this but she would not know how many years and just gave me a website dhs.gov to contact and get information off of them and to find out howmany years I have been banned for as she has no idea.

She was not being helpful at all. I asked if she would have a number where to call or just to guide be better in a certain direction atleast and she knew nothing and kept tellingme to refer to the webiste.

Well I have an guess what there is nothing I can find out from it and neither by calling State Department or any numbers on there or anything.

What am I supposed to do? I am confused and she ceryainly did not help.

I read A LOT since yesterday but I am just really unsure.

I am wondering if I need this 601 and 212 and she just did not advsie me correctly and where am I supposed to file this? Somewhere I read that it is London somewhere it says not.

I aksed her what will happen to my I-130 since they took my money already-the 380 USD and she said it is there for a year if they do not hear from me until then we will need to file from scratch. HUH? and she did not even give me a receipt I noticed!

WHAT TO DO?! PLEASE HELP!

Again, sorry for the length of this...but I felt it needed a proper explanation in order for someone to be able to assist me

[kitkat1 5]

No matter what anyone here advises you, the most important thing for you to do now is consult a qualified, experienced immigration attorney. This is much too complicated and there is too much at stake for you to do it alone. Although you may be very fearful of bad lawyers, one highly highly recommended for waivers is Laurel Scott www.visacentral.net. You can do a phone or email consult with her first to get her thoughts on your case and to guide you on the waiver process. Good luck.

[garyandkris 0]

No matter what anyone here advises you, the most important thing for you to do now is consult a qualified, experienced immigration attorney. This is much too complicated and there is too much at stake for you to do it alone. Although you may be very fearful of bad lawyers, one highly highly recommended for waivers is Laurel Scott www.visacentral.net. You can do a phone or email consult with her first to get her thoughts on your case and to guide you on the waiver process. Good luck.

Unfortunately Laurel's website says she's not taking any new cases until May. The OP might be able to get a consult with her at least, though.

LilQueen, I can't quite wrap my head around various events and the dates they occurred in your case. You might want to try to devise a simpler timeline to aid both yourself and anyone who tries to help you. It sounds as if the woman at the Embassy may have been confused about the timeline as well. I can't tell when you might have been considered out of status.

You should definitely talk things over with a lawyer and try to get a clearer picture of things. You may also want to hire one to put together your waiver application. I know it doesn't feel like it now, but having to file a waiver isn't the end of the world, and London has a pretty good approval rate.

I know you must be feeling crushed, and I'm very sorry to hear about your denial. My husband's interview is in a few days, and we may be required to file a waiver as well, though not for an overstay ban. We're lucky in that we know we might have a problem ahead of time, but it will still be a blow if he's denied.

I hope you can get some clarity on your situation over the next few days. All the information about waivers can be overwhelming at first. If you haven't done so already, you might want to check out the waiver forums at http://www.immigrate2us.net/forum/portal.php . The site can be extremely slooooooooow, but it's also very helpful. There are a lot of people there who have gone through or are going through the waiver process for overstays.

I wish you the best of luck and hope you keep us updated on how things progress with your case.

[LilQueen 0]

Thanks for all your input guys!

I have been reading everything I can get my hands on on this subject but it is very hard. There is a lot more talk about 601 then just I-212 it appears.

Well from where I am standing now I need this I -212 filed and approved. I do not know where to file it and I have asked the embassy which has sent me to no direction simply saying I dont know.

My husband tried calling every agency possible as long as we found a number. They all directed him to the Embassy as they should tell me that. From what I read online everyone has been told by the embassy or consulate where to go and what to do.

I have gotten no direction.

My husband has been trying to speak to a lawyer but they are all so busy. I actually am going to write to the lady you recommended now. Maybe her office can atleast give me an advice and guide me to the right direction.

Thank you all and I would be most glad to get more input from you.

[kitkat1 5]

Where was your interview? Generally speaking waivers are filed at the consulate where you were denied. They should have provided you with instructions. I suggest a phone consult with a qualified attorney to get direction.

[LilQueen 0]

Where was your interview? Generally speaking waivers are filed at the consulate where you were denied. They should have provided you with instructions. I suggest a phone consult with a qualified attorney to get direction.

It was in Dublin, Ireland. The immigration officer only said she doesn't know anything about this, but I need to file for I-212 and she told me to go to DHS.gov for more information on applying.

She also said I need to find a contact number to DHS on their website and give them a call to find out how long I've been banned for. This is untrue because when we called DHS they said I should contact the Embassy and they should be able to help me with this. When I call the embassy, I get yelled at, am told I can't speak to anybody and hang up on me. I am shocked and I was advised to contact a politican in the US to file a complaint against their actions and incompetence.

When I read the I-212 application, it says in the instructions if you are abroad and need to file for I-212 to file it with the office that deported you.

The I-212 form is a bit confusing for me as well. Section 7 - Excluded and deported or removed (less than a year ago), Arrested and deported or removed (less than five years ago), Removed after having fallen into distress (less than five years ago), Removed as alien enemy ( less than five years ago), Removed at U.S. Government expense in lieu of deportation (less than five years ago). None of these apply to me. Section 11 - Country to which deported or removed (doesn't apply, I voluntarily departed). Section 13 - Date of deportation or removal from United States (have no clue, sometime in November, 2005 I was told but I left February 2005).

How do I file this?!

[homesick_american 1]

Where was your interview? Generally speaking waivers are filed at the consulate where you were denied. They should have provided you with instructions. I suggest a phone consult with a qualified attorney to get direction.

It was in Dublin, Ireland. The immigration officer only said she doesn't know anything about this, but I need to file for I-212 and she told me to go to DHS.gov for more information on applying.

She also said I need to find a contact number to DHS on their website and give them a call to find out how long I've been banned for. This is untrue because when we called DHS they said I should contact the Embassy and they should be able to help me with this. When I call the embassy, I get yelled at, am told I can't speak to anybody and hang up on me. I am shocked and I was advised to contact a politican in the US to file a complaint against their actions and incompetence.

When I read the I-212 application, it says in the instructions if you are abroad and need to file for I-212 to file it with the office that deported you.

The I-212 form is a bit confusing for me as well. Section 7 - Excluded and deported or removed (less than a year ago), Arrested and deported or removed (less than five years ago), Removed after having fallen into distress (less than five years ago), Removed as alien enemy ( less than five years ago), Removed at U.S. Government expense in lieu of deportation (less than five years ago). None of these apply to me. Section 11 - Country to which deported or removed (doesn't apply, I voluntarily departed). Section 13 - Date of deportation or removal from United States (have no clue, sometime in November, 2005 I was told but I left February 2005).

How do I file this?!

I don't think you'll find a way out of this without a lawyer. I'm sorry, but there are few if any people here who can answer that question.

[kitkat1 5]

You really need the assistance of a qualified attorney. They should have advised you at the denial exactly what to do. Since London handles adjudication of 212 waivers for Dublin, maybe you will be able to get information from them, but I would think an attorney would be very helpful.

[TracyTN 237]

^^Agreed. I sincerely doubt that a poster on any message board could help you unravel this very complicated tale.

[LilQueen 0]

*sigh* yeah i know. my husband is trying to get a lawyer in the states. i am just trying to gain more knowledge about this as soon as possible and to know as much as possible.... ah well.. thanks guys