I-212

[inneedofmyhb 217]

Joy&Fred,

 

I understand your frustration.  However, somewhere along the lines something went wrong.  If you don't have a competent Lawyer, my suggestion at this point would be to get one.  My husband (then boyfriend) was deported via Expedited removal directly after arriving at the airport.  He admitted to working unauthorized.  He received the 5 year ban.  We obtained a lawyer and are following all the correct steps to get him back here.  Like you, when it all first happened, I was upset, pissed.  I basically wanted to hurt everyone.  But after reading and digging and learning, CBP did what they had to.  My Husband should have NEVER worked illegally.  Luckily, he was intelligent enough to admit it the first time asked which will be a big a benefit when it comes to his consular interview.  But the US did nothing wrong.  It does taste sour coming out of my mouth at times, but it is the hard truth.  My suggestion to you is to read and learn about the entire immigration process and maybe you will understand it better.  I hope that everything works out in your favor, I really do.  My hurt inside is still as fresh as it was 1 1/2 years ago when all this happened.  ☹️

[Joy&Fred 4]

Do you work for ICE? If not, I heard they are hiring. You haven't read a thing I wrote. 

[SalishSea 18,015]

14 minutes ago, Joy&Fred said:

Do you work for ICE? If not, I heard they are hiring. You haven't read a thing I wrote. 

No need to be rude to folks who are trying to help you, even if you don't like what you are hearing.

 

Your initial post may have left out some pertinent details.  If you want more useful replies here, you may want to expand on your story.

[Lisa83TX93 2]

On 8/18/2018 at 9:48 AM, BenevolentSith said:

I'm Canadian, and Canadians can apply for non immigrant waivers and I-212 directly at the border.

 

Your husband is an applicant for an immigrant visa, so he likely has to deal with the consulate (depending on whether he needs I-601).

 

https://www.uscis.gov/forms/direct-filing-addresses-form-i-212-application-permission-reapply-admission-united-states-after-deportation-or-removal

 

 

I'm a bit confused because I've read somewhere that a I-212 can be submitted alone but a I-601 has to be submitted with an approved I-130. Our attorney said he doesn't need a I-601 but I'm not so sure. Hope that makes sense.

[BenevolentSith 6]

19 minutes ago, Lisa83TX93 said:

I'm a bit confused because I've read somewhere that a I-212 can be submitted alone but a I-601 has to be submitted with an approved I-130. Our attorney said he doesn't need a I-601 but I'm not so sure. Hope that makes sense. 

Yeah. That's exactly what's on the (official) link I posted.

 

If you don't need I-601, then you just file I-212 separately and by itself.

 

Edited August 21, 2018 by BenevolentSith

[Joy&Fred 4]

3 hours ago, Jorgedig said:

No need to be rude to folks who are trying to help you, even if you don't like what you are hearing.

 

Your initial post may have left out some pertinent details.  If you want more useful replies here, you may want to expand on your story.

I believe I have given all the  information. What is happening is that everyone is seeing I 212 and reading nothing else. My husband does not meet the criteria for the I 212 as he was 1) Never deported 2) Came in only once and has a WAIVER 3) never was in deportation proceedings.  I am looking for advise in this situation, not people telling me to just accept the answer given by  the broken and faulty embassy and immigration system that is victimizing me, my children and my husband. I have no family outside of my husband and I ( American Citizen) have two disabled children (American Citizens) to raise. My county's answer is unacceptable and insulting, so if you wonder why I am not being nice, that is the reason.

[Lisa83TX93 2]

1 hour ago, BenevolentSith said:

Yeah. That's exactly what's on the (official) link I posted.

 

If you don't need I-601, then you just file I-212 separately and by itself.

 

So this whole time waiting on approval for I-130 we could have filed the I-212 separately? I think my attorney is misleading me bc they said we have to wait for visa denial before we can apply for I-212. Sorry trying to wrap my head around this whole process and my attorney isn't always available for answers unfortunately. 

[Oluchukwu 13]

4 hours ago, Lisa83TX93 said:

So this whole time waiting on approval for I-130 we could have filed the I-212 separately? I think my attorney is misleading me bc they said we have to wait for visa denial before we can apply for I-212. Sorry trying to wrap my head around this whole process and my attorney isn't always available for answers unfortunately. 

Your attorney is correct and going through the same problem, consulate will deny you then tell you what waiver you have to file 

[inneedofmyhb 217]

5 hours ago, Lisa83TX93 said:

So this whole time waiting on approval for I-130 we could have filed the I-212 separately? I think my attorney is misleading me bc they said we have to wait for visa denial before we can apply for I-212. Sorry trying to wrap my head around this whole process and my attorney isn't always available for answers unfortunately. 

Your attorney is correct. I know, it's very confusing because it is somewhat backwards.

 

1. You file I-130

2. Once I-130 approved, you go through visa processing

3. Once Visa processing is complete, you Interview with embassy where you will be denied and asked to file I-212.

 

Because my hb was deported, he will have to file I-212 with the USCI office that has jurisdiction over the location where he was deported. 

 

We are going through the same thing. I still can't wrap my ahead around the fact that you go through the entire process knowing you will be denied at the interview and then send in the I-212. It should be the other way around. But it is what it is at this point. 

[inneedofmyhb 217]

5 hours ago, Joy&Fred said:

I believe I have given all the  information. What is happening is that everyone is seeing I 212 and reading nothing else. My husband does not meet the criteria for the I 212 as he was 1) Never deported 2) Came in only once and has a WAIVER 3) never was in deportation proceedings.  I am looking for advise in this situation, not people telling me to just accept the answer given by  the broken and faulty embassy and immigration system that is victimizing me, my children and my husband. I have no family outside of my husband and I ( American Citizen) have two disabled children (American Citizens) to raise. My county's answer is unacceptable and insulting, so if you wonder why I am not being nice, that is the reason.

I'm sorry you've taken offense to my reply above, I'm just trying to understand and help you. You should have an attorney fight this if he has done nothing wrong. If what you are saying above is correct, someone had made a huge mistake. Again, good luck oh and by the way, thank you for the job referral. 

[Boiler 45,832]

A solo I 212 can be filed at any time.

[inneedofmyhb 217]

14 hours ago, Boiler said:

A solo I 212 can be filed at any time.

The reason we have not filed the I-212 is because we will not know until he attends his Consular Interview if they will request an I-601 as well.  At this point in the immigration process anything can happen at the Consular interviews.  They have no reason to request a I-601, but I don't want to chance it.  If they do request, they are filed together with Nebraska Service Center after the denial at the interview.  I personally do not want to spend $930 and attorney fees to file the I-212 now and then be denied and have to pay all over again, we are financially struggling at this point to make sure we have all funds available through out this entire process.  

 

If you know of anyone who did it this way (filed I-212) beforehand with success, please let me know.  It would be something that I would then want to go into further details with our attorney. 

 

They expedited his removal upon arrival at the airport.  He never overstayed or illegally entered.  They believed he was entering with intent to migrate and he also admitted to having worked unauthorized.  Ban 5 years.  So honestly, I don't what they will request at this point.  Every piece of advise and opinion I've gotten, all seem to be different.  

[Boiler 45,832]

If you think you need a 601 as well agree best to file both together after the interview.

 

I have seen plenty of successful solo I 212's.

Edited August 22, 2018 by Boiler

[Lisa83TX93 2]

22 hours ago, inneedofmyhb said:

Your attorney is correct. I know, it's very confusing because it is somewhat backwards.

 

1. You file I-130

2. Once I-130 approved, you go through visa processing

3. Once Visa processing is complete, you Interview with embassy where you will be denied and asked to file I-212.

 

Because my hb was deported, he will have to file I-212 with the USCI office that has jurisdiction over the location where he was deported. 

 

We are going through the same thing. I still can't wrap my ahead around the fact that you go through the entire process knowing you will be denied at the interview and then send in the I-212. It should be the other way around. But it is what it is at this point. 

Yes it's a very frustrating process! My husband was deported as well but not sure yet if he will also need I-601 to be filed. Either way I think they take the same amount of time to process but this time apart is killing us and we haven't made it through the first step yet! God speed and good luck to everyone in this unnecessary long journey being away from our loved ones. 😢

[SalishSea 18,015]

On 8/21/2018 at 3:58 PM, Joy&Fred said:

I believe I have given all the  information. What is happening is that everyone is seeing I 212 and reading nothing else. My husband does not meet the criteria for the I 212 as he was 1) Never deported 2) Came in only once and has a WAIVER 3) never was in deportation proceedings.  I am looking for advise in this situation, not people telling me to just accept the answer given by  the broken and faulty embassy and immigration system that is victimizing me, my children and my husband. I have no family outside of my husband and I ( American Citizen) have two disabled children (American Citizens) to raise. My county's answer is unacceptable and insulting, so if you wonder why I am not being nice, that is the reason.

All the same, your country's "unacceptable answer" has nothing to do with the good folks of VJ who try to use their vast experience and knowledge to help.  Everyone here is dealing with varying degrees of frustration, waiting, bureaucracy that is US immigration.  Calling out people and suggesting they should work for ICE is not useful.