WAIVER I need help!!!

[geowrian 22,337]

56 minutes ago, lostspy said:

So, I need to file the waiver as soon as I get my approval or after the interview I’m the embassy? 

A standalone I-212 can be filed at any time. If that's the only inadmissibility, then no need to wait until after the interview.

[lostspy 0]

5 minutes ago, geowrian said:

A standalone I-212 can be filed at any time. If that's the only inadmissibility, then no need to wait until after the interview.

Can I file for it even before my approval? Just in case? 

[SusieQQQ 11,586]

13 hours ago, geowrian said:

A standalone I-212 can be filed at any time. If that's the only inadmissibility, then no need to wait until after the interview.

Can you? The uscis page on I212s definitively says after interview for immigrant visa categories:

 

You may request both the waiver and consent to reapply for admission to the United States after you have attended your visa interview at a U.S. consulate and after a consular officer has found you inadmissible.  You must file Form I-212 together with Form I-601, Application for Waiver of Grounds of Inadmissibility.

 

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

 

[geowrian 22,337]

3 minutes ago, SusieQQQ said:

Can you? The uscis page on I212s definitively says after interview for immigrant visa categories:

 

You may request both the waiver and consent to reapply for admission to the United States after you have attended your visa interview at a U.S. consulate and after a consular officer has found you inadmissible.  You must file Form I-212 together with Form I-601, Application for Waiver of Grounds of Inadmissibility.

 

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

Hmm...I'm pretty sure that's only when an I-601 is necessary. here's the CFR section referenced:

https://www.law.cornell.edu/cfr/text/8/212.2

"(d) Applicant for immigrant visa. Except as provided in paragraph (g)(2) of this section, an applicant for an immigrant visa who is not physically present in the United States and who requires permission to reapply must file the waiver request on the form designated by USCIS. Except as provided in paragraph (g)(2) of this section, if the applicant also requires a waiver under section 212(g), (h), or (i) of the Act, he or she must file both waiver requests simultaneously on the forms designated by USCIS with the fees prescribed in 8 CFR 103.7(b)(1) and in accordance with the form instructions."

 

I think this section covers the OP's case:

Applicant for immigrant visa and waiver on Form I-601 not required

USCIS Field Office with jurisdiction over the place where your deportation or removal proceedings were held

 

[Boiler 45,585]

If you need to do both then wait for the I 601 as the I 212 is basically  subsidiary to the I 601 as if effectively adjudicated with it. If you will get approved for the I 601 then the I 212 is a given.

 

Solo I 212 is a different process.

[inneedofmyhb 217]

Solo 212 can be filed at anytime. Although from what I’ve heard, it’s better to wait until after 130 is approved. For expedited removal and 5 year ban,  when the petitioner is immediate family, no 601 is needed as long as there are no other inadmissibilities. 

Edited February 5, 2019 by inneedofmyhb