When apply for I212?

[Eugenia2017 28]

My husband is finishing 10 years outside of Usa already he was over a year with a tourist visa, but then he went out and entered without inspection, came out again and tried to get back in. We want to know if he can begging for forgiveness i212 while the 130 process . O he must to wait for the interview. Thank you for your opinions. I’m citizen and just start the petition .

[Boiler 45,467]

So he is 9C by the sound of it. When does he finish his 10 years and who is going to put together the waiver package?

[Eugenia2017 28]

9 minutes ago, Boiler said:

So he is 9C by the sound of it. When does he finish his 10 years and who is going to put together the waiver package?

He will finish 10 years outside next year . Our case is In Nebraska Center and I just received the NOA1 this week . Nebraska processing time is 12-15 months and we are thinking about I212 (8 months x approval) and maybe we can request this waiver . No lawyer. And he can received waiver approval before interview in his country.

[Eugenia2017 28]

Do you think that can be done? Or does he need to wait for the interview?

[Boiler 45,467]

Well generally an I 212 can be applied for at any time, for the life of me I can not remember if there is a particular issue with a 9C.

 

The bigger issue I potentially see is putting the package together, some people do it themselves but not a simple thing to do.

[Eugenia2017 28]

1 hour ago, Boiler said:

Well generally an I 212 can be applied for at any time, for the life of me I can not remember if there is a particular issue with a 9C.

 

The bigger issue I potentially see is putting the package together, some people do it themselves but not a simple thing to do.

I understand. The idea of sending out the i212 form before the interview is for everything ready that day, but the consul decides what kind of forgiveness he needs and that's why we re looking for opinions . Thanks. 

[Eugenia2017 28]

We will continue to seek experiences and see if we can do it ourselves as it is very expensive lawyers charge . Thank you for your opinion . 

[Boiler 45,467]

Well I am assuming that it is 9C lifetime ban waiver available after 10 years, but also sounds like no prior application has been made and no determination to be certain.

[geowrian 22,337]

A solo I-212 can be filed at any time. However, if there is a 9C bar, then an I-601 will be required and that only happens after being otherwise eligible for the visa (after the interview). That waiver would only be available after being outside the US for at least 10 years.

[Joejoe2232 1]

You can only apply for any type of waiver after the interview at the embassy!

[Eugenia2017 28]

6 hours ago, geowrian said:

A solo I-212 can be filed at any time. However, if there is a 9C bar, then an I-601 will be required and that only happens after being otherwise eligible for the visa (after the interview). That waiver would only be available after being outside the US for at least 10 years.

Thank you for your opinion. We asked because we read in other forums that some people have sent waivers before the interviews, but they also say that is at the discretion of the consul that forgiveness is going to be needed and only in the interview is known.

[Eugenia2017 28]

1 hour ago, Joejoe2232 said:

You can only apply for any type of waiver after the interview at the embassy!

If we already know what kind of waiver we need .Why we cannot send it before and bring the approval to the interview? 

[Eugenia2017 28]

The doubt is which of the two i212 or i601 should be filled.Thanks for your opinions !

[Joejoe2232 1]

Because you need to be approved at the embassy and the consulate will ask you for the waiver ,and they will  give you a denial letter to send with all the documents and this denial letter it’s the must important thing to be able to send it , but all you can do is make sure that you prepare all the documents for the waiver with your attorney now!!! so you  don’t lose 4 months in gathering documents later ... because it takes time to gather documents and it takes at list 2 months for the attorney to prepare it ,so my advice is be ready!:) I went through this and now we are waiting for the i212 waiver to be approved. Good luck :))

[Eugenia2017 28]

16 minutes ago, Joejoe2232 said:

Because you need to be approved at the embassy and the consulate will ask you for the waiver ,and they will  give you a denial letter to send with all the documents and this denial letter it’s the must important thing to be able to send it , but all you can do is make sure that you prepare all the documents for the waiver with your attorney now!!! so you  don’t lose 4 months in gathering documents later ... because it takes time to gather documents and it takes at list 2 months for the attorney to prepare it ,so my advice is be ready!:) I went through this and now we are waiting for the i212 waiver to be approved. Good luck :))

Thank you.  I appreciate your advice.  I will follow you with your process . Good luck 🍀👍