Told that the 601 and 212 were unnecessary

[RhondaM 0]

I posted something the other day to let you all know that I was thinking of getting married in France this summer but it looks like all of those that responded have advised me against that as it would make the k-1 visa invalid. Okay, that's what I thought, but didn't know for sure.

Now I have a new thing. Today, I received a call from my senator's office stating that the embassy in Rome had been in contact with this senator. After reviewing our 601 and 212 in Rome, they told the senator that it was determined that it was unnecessary to have filed the 601 and 212 and they were forwarding our file back to the embassy in Paris.

Is that good news? Does that mean that if they are unnecessary and this was the roadblock stopping his re-entry to the US then now his visa will be granted???? The senator's office is e-mailing Paris on our behalf....I don't know whether to be excited or leary that this might mean something else.

Has this happened to anyone? Has anyone been told that the 601 and 212 were not necessary after they were filed? ANY IDEAS?

Thanks

Rhonda

[kitkat1 5]

Rhonda, it depends on why the waivers were filed in the first place. A 212 is for deportation. If he was not deported, it would not be necessary. A 601 is most commonly used to overcome ineligibilities tied to overstay and illegal presence or criminal charges. Did your fiance have one of these situations (or another one that would normally deem the 601 as necessary?).

The only other situation I can think of where they would say it wasn't necessary would be if the visa applicant was found to be ineligible for a waiver meaning something happened that is not "waivable" i.e. falsely claiming US citizenship or multiple illegal entries with illegal presence over 180 days after 1997. And normally in these cases they tell the applicant this up front and don't allow them to waste time or money filing.

So it sounds like good news and that his visa will be approved without a waiver . . waiting to hear the details!

[RhondaM 0]

Rhonda, it depends on why the waivers were filed in the first place. A 212 is for deportation. If he was not deported, it would not be necessary. A 601 is most commonly used to overcome ineligibilities tied to overstay and illegal presence or criminal charges. Did your fiance have one of these situations (or another one that would normally deem the 601 as necessary?).

The only other situation I can think of where they would say it wasn't necessary would be if the visa applicant was found to be ineligible for a waiver meaning something happened that is not "waivable" i.e. falsely claiming US citizenship or multiple illegal entries with illegal presence over 180 days after 1997. And normally in these cases they tell the applicant this up front and don't allow them to waste time or money filing.

So it sounds like good news and that his visa will be approved without a waiver . . waiting to hear the details!

In March of 2006, he was sent back from O'hare to France when we were returning to US together. We were told this was not deportation but that he needed to return to France and begin the correct paperwork k-1 visa which we did. HE had not overstayed his VW but we had made a trip to Canada once and he had re-entered and in essence restarted his VW 90 days. We were never told at any of his entries that anything was problematic. He has no criminal charges--there is no illegal activity--even with the trip to Canada his time here was never anything close to 180 days. In November the k-1 was approved and his interview was in February 2007....everything in place, medical exam, background check, copies of everything....but poof at the interview the consul told him he needed to file the 601 and 212. Everything was sent to Rome at the end of April and just today my senator received info that our file was reviewed and it was determined that the 601 and 212 were never needed.......(a lot of money, stress, heartache, sleepless night and wasted time went into all that paperwork)

Again, I'm cautiously optimistic that this is good news.......

Thanks for the support

[kitkat1 5]

WOW - what an idiot at the consulate! In March 06 he was denied entry - no waiver should be necessary for that. Nothing related to the Canada trip appears to require a waiver. Did the consul give any specific reasons why they even thought for a moment that not one, but two waiver were required?

They have just figured out that the interviewer made a big, stupid mistake. He owes you letter of apology (not that you, of course, will ever get one).

Once he has his visa I would not hesitate for one second to make a formal complaint regarding this guy's incompetence to the Consulate Director, the District Director and the Director of American Citizen's Services.

In the meantime, Congrats!!

https://egov.immigration.gov/crisgwi/go?act...r.statecode=arm

Rome District: (has administrative jurisdiction over offices in France)

District Director:

John M. Bulger

Deputy District Director:

Anne Arries Corsano

District Director

U.S. Citizenship and Immigration Services

Department of Homeland Security

PSC 59, Box 37

APO, AE 09624

If you feel you were mistreated by an immigration employee, or wish to make a complaint of misconduct by an immigration employee, you may write to the District Director, or write directly to the:

Director, Office of International Operations

20 Massachusetts Ave., NW

Suite 3300

Washington, DC 20529

Or you may write directly to the Director, Office of Security and Investigations, 20 Massachusetts Avenue, NW, Suite 5003 5th Floor, Washington, DC 20529

[RhondaM 0]

WOW - what an idiot at the consulate! In March 06 he was denied entry - no waiver should be necessary for that. Nothing related to the Canada trip appears to require a waiver. Did the consul give any specific reasons why they even thought for a moment that not one, but two waiver were required?

They have just figured out that the interviewer made a big, stupid mistake. He owes you letter of apology (not that you, of course, will ever get one).

Once he has his visa I would not hesitate for one second to make a formal complaint regarding this guy's incompetence to the Consulate Director, the District Director and the Director of American Citizen's Services.

In the meantime, Congrats!!

https://egov.immigration.gov/crisgwi/go?act...r.statecode=arm

Rome District: (has administrative jurisdiction over offices in France)

District Director:

John M. Bulger

Deputy District Director:

Anne Arries Corsano

District Director

U.S. Citizenship and Immigration Services

Department of Homeland Security

PSC 59, Box 37

APO, AE 09624

If you feel you were mistreated by an immigration employee, or wish to make a complaint of misconduct by an immigration employee, you may write to the District Director, or write directly to the:

Director, Office of International Operations

20 Massachusetts Ave., NW

Suite 3300

Washington, DC 20529

Or you may write directly to the Director, Office of Security and Investigations, 20 Massachusetts Avenue, NW, Suite 5003 5th Floor, Washington, DC 20529

Thanks for this information that I will store for later reference. I did feel we had been treated unfairly but really didn't know for sure. One is certainly at the mercy of others when going through this process.

I'll keep you updated. The senator's office is hoping to have a reply from embassy in Paris by the end of this week.

[kitkat1 5]

Well assuming neither waiver was necessary (and I just cannot see any reason why they were based on what you have posted) and according to US immigration law there was no need for waivers, you were treated very unfairly. Of course wait until he has his visa and then, fire off some seriously harsh letters!!!

Do post please as soon as you have a reply!

[RhondaM 0]

Well assuming neither waiver was necessary (and I just cannot see any reason why they were based on what you have posted) and according to US immigration law there was no need for waivers, you were treated very unfairly. Of course wait until he has his visa and then, fire off some seriously harsh letters!!!

Do post please as soon as you have a reply!

Thanks again for the speedy replies and for the information. I have another question you seem to know lots of answers. My fiance needs to change his address and phone number. The file is on its way from Rome back to Paris. Can he just contact the consulate in Paris with this information? We have a phone number and a fax number. Or is there another way that we are required to change this information. I want him to do it fast in the next day or so, in case we get important information from the consulate.

Thanks, kitkat

[kitkat1 5]

This one I don't have the answer to. I would probably start by contacting the consulate directly via phone, email, fax and letter because with USCIS in the US there are often problems with address changes. Maybe your lawyer knows the best way?

[RhondaM 0]

This one I don't have the answer to. I would probably start by contacting the consulate directly via phone, email, fax and letter because with USCIS in the US there are often problems with address changes. Maybe your lawyer knows the best way?

JUST A QUICK NOTE TO YOU since you were so kind as to respond to my questions.....His interview is FRIDAY....the 601 and 212 were unnecessary. His visa is being granted! Yipee!

We have received the response memo from USCIS Rome and we will issue the visa according to their instructions.

Please contact me if you have any further questions.

Kindest regards,

Please be informed that Mr. Eymond-Griffin’s I-601 and I-212 waivers were returned to the American Consulate in Paris together with an Interoffice Memorandum explaining the results of our review (USCIS records does not indicate that Mr. Eymond-Griffin accrued any periods of unlawful

presence during his visits to the United States, which would render him inadmissible. An I-601 waiver is not required.

The I-212 waiver is not required too since he was not removed nor deported from the United States).

Best regards, USCIS Rome

[kitkat1 5]

This one I don't have the answer to. I would probably start by contacting the consulate directly via phone, email, fax and letter because with USCIS in the US there are often problems with address changes. Maybe your lawyer knows the best way?

JUST A QUICK NOTE TO YOU since you were so kind as to respond to my questions.....His interview is FRIDAY....the 601 and 212 were unnecessary. His visa is being granted! Yipee!

We have received the response memo from USCIS Rome and we will issue the visa according to their instructions.

Please contact me if you have any further questions.

Kindest regards,

Please be informed that Mr. Eymond-Griffin’s I-601 and I-212 waivers were returned to the American Consulate in Paris together with an Interoffice Memorandum explaining the results of our review (USCIS records does not indicate that Mr. Eymond-Griffin accrued any periods of unlawful

presence during his visits to the United States, which would render him inadmissible. An I-601 waiver is not required.

The I-212 waiver is not required too since he was not removed nor deported from the United States).

Best regards, USCIS Rome

Rhona, CONGRATS! That is the best possible outcome, ever!

When things settle down, I strongly urge you to write a letter to the District Director, Consulate Director (Paris) and American Citizens Services - someone needs to complain when they make stupid errors like this and put people through such unnecessary turmoil.

Best of luck to you two!

[karina 0]

Congrats, Rhonda!

This gives us hope YAY!

[dezignher 0]

Congrats, Rhonda!

This gives us hope YAY!

Hello!! i will be filling I601 and 212 waivers in paris and ould like advices on hardship letter,can your tell what arguments u put as of why you cant move to france, i was wondering whaat you put as far as the country it self ? congrats, would appreciate your help!

[goldenheart 0]

CONGRATULATIONS!!!!

Please make sure your fiance has a copy of the the Interoffice Memorandum...the same thing happen to us..we were told we did not need a waiver and our documents were return to us (with my check included) and my fiance received his SECOND visa...when we tried to cross the border in Chicago all HELL broke loose.

This one I don't have the answer to. I would probably start by contacting the consulate directly via phone, email, fax and letter because with USCIS in the US there are often problems with address changes. Maybe your lawyer knows the best way?

JUST A QUICK NOTE TO YOU since you were so kind as to respond to my questions.....His interview is FRIDAY....the 601 and 212 were unnecessary. His visa is being granted! Yipee!

We have received the response memo from USCIS Rome and we will issue the visa according to their instructions.

Please contact me if you have any further questions.

Kindest regards,

Please be informed that Mr. Eymond-Griffin’s I-601 and I-212 waivers were returned to the American Consulate in Paris together with an Interoffice Memorandum explaining the results of our review (USCIS records does not indicate that Mr. Eymond-Griffin accrued any periods of unlawful

presence during his visits to the United States, which would render him inadmissible. An I-601 waiver is not required.

The I-212 waiver is not required too since he was not removed nor deported from the United States).

Best regards, USCIS Rome

[new orleans bound 0]

Hey KitKat,

Hoping you get this message. I know that you're dealing with the Mexican Embassy and I'm dealing with Montreal, but I thought I'd ask any way. Do you have any idea on how to get an embassy to arrange a visa pick up appointment? I already have a sensator involved but neither of us are getting anywhere with my embassy. I keep sending emails and they keep sending form emails back to me. Any suggestions?