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MarcusZoe

212(k) waiver for 212(a)(7)(A)(i)(I) 5 year bar

By MarcusZoe in Waivers (I-601 and I-212) and Administrative Processes (221g)

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blahblahblog   36

Posted
Filed: Country: Brazil
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Posted
2 minutes ago, aaron2020 said:

A 5 year bar is for expedited removal at the POE.  

 

"Possible that someone is lying."  Where are you getting that from?  Pretty big jump when OP said she was expeditely removed at the POE. 

 

Ah, got it. As I said, didn't know there was a trigger for 5-years under 212(a)(7). Turns out, I was wrong.

May 29th, 2015 - Sent AOS package

June 1, 2015 - Package received by USCIS

June 4, 2015 - Biometrics Fee Accepted

June 20, 2015 - Biometrics Appointment Letter Received

June 30, 2015 - Biometrics Appointment

August 6, 2015 - I-131 approved

August 6, 2015 - Your card was ordered

August 7, 2015 - I-765 approved

August 20, 2015 - EAD received

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geowrian
geowrian

She is barred for the 5 years. She cannot be issued an immigrant visa during that period, unless the bar is waived. Any talk of applying for a waiver at POE is pointless here since she has no imm

Mollie09
Mollie09

If she was in possession of an immigrant visa. She isn't, and won't be issued one.

aaron2020
aaron2020

At this point, you need an experienced immigration lawyer.    Your wife used a visitor visa to have a baby in the US.  That's not what a visitor visa is for.   Your wife has 2 over

inneedofmyhb Community Regular

inneedofmyhb   217

Posted
Filed: IR-1/CR-1 Visa Country: Argentina
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Posted

Same situation here...

 

1. you file petition,

2. file the solo 212

 

Best thing is to file 212 once your petition is approved. If it is a spousal petition you file the 212 with local office that has jurisdiction over where the expedited removal occurred. It is very rare they ask for a 601 if there was no misrep/fraud/Overstay. As I read in the above replies, it is correct that you have no way to track a pending 212 when filed with local office. 212 should be all about the hardship the us citizen faces without spouse here. The steps are simple but with lots of paperwork. You’ve received some pretty good advice here from individuals who have been through the immigration process for quite some time. 

 Good luck! 

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