Unable to Issue - 212(a)(9)(A) - Ordered Removed - Questions about Waiver

[KansasDragon 1]

I'm needing to get a little clarity, and hopefully someone here can help.

 

In 2012 my wife was ordered removed from the USA in absentia. (We were living in the Philippines since 2009 at that time.)  

 

We filed a new IR-1 Visa request in December 2016. 

 

In August 2017, I had an interview with an immigration officer in Kansas City, where I directly asked if we needed a waiver, and was told "No, that is why you're here, so we can verify your information and forward your application to the NVC".

 

Fast forward to yesterday.... We received a letter from the Embassy in Manila refusing our visa application, which states:

 

212(a)(9)(A)  You were ordered removed from the USA.

 

Further down the document it indicates we can request a waiver with form I-601.

 

I chatted with an immigration attorney (via messenger), and he stated we need to completely restart our I-130 application process, but I was reading the letter from the Embassy to indicate we only need to file the waiver request. Which way is correct?

[G Walters 136]

If the letter from the Embassy states just the waiver then that is what I would do. The embassy should know better what is needed than an attorney that may not know all the paperwork in the case.

[EM_Vandaveer 2,408]

You file the waiver. Those who know in advance they'll need a waiver go through the same. I-130, then NVC, then interview at the Embassy/Consulate, get denied & told to file waiver.

Then file waiver.

Good luck.

[Boiler 45,525]

Can not work out if you need a waiver, maybe not, but you do not need a new I 130.

[TNJ17 1,329]

It sounds like you just need to file a waiver. That was bad advice from your lawyer. But you don’t file waivers before the interview, so your timeframe would still be the same because first you have to be refused then you file for the waiver. Still bad advice from your lawyer though. 

[geowrian 22,337]

No need for a second I-130 unless USCIS revokes the first one...and it doesn't even sound like the embassy is sending it back to recommend revocation here.

 

Waivers are available to be filed after an individual would otherwise be eligible for the visa, but is determined to be inadmissible for a waivable reason.

[KansasDragon 1]

Thanks everyone. That's what I understood, but he kept disagreeing with me. I asked him 3 times in a row if he was sure.

 

This was not our attorney, since up to this point we processed everything on our own. It was an attorney my wife thought sounded good from an FB group he runs, but after that chat, I'll find someone else.

 

Have a pair of local attorneys being recommended by a Catholic Charities Immigration Consultant that sounds much more promising.

[Teemo 252]

 

20 hours ago, KansasDragon said:

In 2012 my wife was ordered removed from the USA in absentia. (We were living in the Philippines since 2009 at that time.)  

Why was she ordered removed? And why did the order of removal come 3 years after she had already self-deported?