Waiver. Which one, when and where.

[Canelo 11]

Hello, I am a new member here and this is my first post. I wasn't aware that there was a huge community where we can help each other. I'm glad I found it.

 

Girlfriend had a tourist and student visa and was constantly coming to the US (Los Angeles) to study and see me. I would go visit her in Colombia and so on. She has a sister that was born here and lives in NY and when to visit her but when entering the US at Dallas (DFW) she was stopped, questioned and they found out she had intentions to work during that 2 month period she was planning on visiting her sister. So she was denied entry 235 b, under 212 7A. and a 5 year ban.

 

We go married in Colombia, submitted I-130 which got approved and now we got a letter stating that application will be send to the NVC and  that she will be contacted to apply for a visa in Colombia. It has been 2 (out of the 5) years since she has been found inadmissible so I know we need a waiver. 

 

Our processing center is in Texas. My questions are:

Do I only need the I-212? 

Should we send it ASAP, before she even goes for the visa application?

Where should we send the form, if so?

 

Thanks in advance.

 

 

 

[JFH 12,190]

Something is not right here. You don’t get a five-year ban for being denied entry. Your visa will be cancelled and you will be made to feel very unwelcome but a five-year ban is given to deportees .So it was than just a denied entry and sent back, she was actually put into removal proceedings and deported?

 

In any event, you cannot apply for the waiver until she has had her embassy interview, been denied AND recommended for a waiver. It’s up to the consular officer whether she is even eligible to apply for a waiver..

[Hypnos 6,577]

Expedited removal would also have resulted in a five year bar. 

[JFH 12,190]

2 hours ago, Hypnos said:

Expedited removal would also have resulted in a five year bar. 

Right - some kind of removal rather than just a denied entry (which is more of a “given the opportunity to withdraw the request to enter”). So there’s something serious going on here. 

[Canelo 11]

6 hours ago, Hypnos said:

Expedited removal would also have resulted in a five year bar. 

Yes, expedited removal. 

 

The tourist visa was canceled but not the student visa. I think both of them should have been canceled, honestly.

Edited February 9, 2019 by Canelo

[Hypnos 6,577]

As stated, you can only apply for the waiver after being found inadmissible, which she will be since the five year bar is still running. 

 

It sounds like only an I-212 will be needed and not an I-601 to go with it. You may wish to consult with an immigration attorney experienced in waivers, since they're often not exactly straightforward.