601-212 I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation

[oralar 0]

1 minute ago, Jorgedig said:

601 waivers generally take at least a year to process.  This will not be a fast process.

so you think I need 601 waiver? beside I 212

[Allaboutwaiting 2,503]

16 minutes ago, oralar said:

so you think I need 601 waiver? beside I 212

IMHO, you might be required to file both I-212 and I-601 waiver, but you will know until your interview at the embassy/consulate.

 

Before your visa was canceled, you visited for almost 6 months. When did you leave the US in that visit? 

[SalishSea 17,970]

32 minutes ago, oralar said:

so you think I need 601 waiver? beside I 212

From what you have told us, yes.

[oralar 0]

14 minutes ago, Allaboutwaiting said:

IMHO, you might be required to file both I-212 and I-601 waiver, but you will know until your interview at the embassy/consulate.

 

Before your visa was canceled, you visited for almost 6 months. When did you leave the US in that visit? 

after my last staying almost 6 months, I left US in april 2019 and I returned after 45 days later. 

 

[SalishSea 17,970]

Just now, oralar said:

after my last staying almost 6 months, I left US in april 2019 and I returned after 45 days later. 

 

That was your error.  The unofficial, speculative rule of thumb is to spend twice the time out as in.  So you should have waited a year to come back, ideally.

[Allaboutwaiting 2,503]

3 minutes ago, oralar said:

after my last staying almost 6 months, I left US in april 2019 and I returned after 45 days later. 

 

That's what triggered the cancelation of the visa and your expedite removal. 

You stayed for WAY too long and returned WAY too soon. 

[geowrian 22,337]

Yup, that's a whole lot of time to visit for somebody who has strong ties to return home. It very likely looked like a clear attempt to live in the US instead of just visit.

That - along with the immigration history - would also explain why they decided to do an expedited removal instead of just letting you withdraw the application for admission.

[aaron2020 11,651]

13 minutes ago, oralar said:

after my last staying almost 6 months, I left US in april 2019 and I returned after 45 days later. 

 

Most likely, CBP determined that you were abusing the visitor visa to illegally live in the US with a brief 45 days visit to your home country.  That's why your visitor visa was cancelled and you were given an expedited removal.  

Get a good lawyer to help you with this.  

[Sparkle Sparkle 914]

As others have already adviced,go through your IV process normally. At your IV interview you will be informed of your inadmissibility...then you retain a lawyer to assist your waiver process. As at now a lawyer can do anything for you... waivers cannot be filed Stan alone...you have to have been declared inadmissible by the embassy.

[geowrian 22,337]

58 minutes ago, Sparkle Sparkle said:

waivers cannot be filed Stan alone

To be more specific, an I-601 waiver cannot be filed standalone.

An I-212 waiver can be filed standalone.

[Sparkle Sparkle 914]

1 hour ago, geowrian said:

To be more specific, an I-601 waiver cannot be filed standalone.

An I-212 waiver can be filed standalone.

OP already has I-130 petition, he no longer qualifies for I-212 which is a waiver for inadmissibility for non-immigrant category.

https://www.uscis.gov/i-212

Edited July 10, 2020 by Sparkle Sparkle

[geowrian 22,337]

36 minutes ago, Sparkle Sparkle said:

OP already has I-130 petition, he no longer qualifies for I-212 which is a waiver for inadmissibility for non-immigrant category.

https://www.uscis.gov/i-212

That's not correct. A pending I-130 doesn't impact an I-212, and an I-212 is needed for both an NIV and IV, if barred from applying for admission.

Many people have done a solo I-212 mid-process of an IV when their only issue was a removal (no I-601 was needed).

Edited July 10, 2020 by geowrian

[Sparkle Sparkle 914]

2 minutes ago, geowrian said:

That's not correct. A pending I-130 doesn't impact an I-212, and an I-212 is needed for both an NIV and IV, if barred from applying for admission.

Many people have done a solo I-212 mid-process of an IV when their only issue was a removal (no I-601 was needed).

OP is going with an I -130 ..he is asking if his inadmissibility based on his revoked visa will affect his I-130....he is not asking about non immigrant visa hence no need for I-212 which is used for non-immigrant visa except K's. Please look through my source and be informed.

[geowrian 22,337]

4 minutes ago, Sparkle Sparkle said:

OP is going with an I -130 ..he is asking if his inadmissibility based on his revoked visa will affect his I-130....he is not asking about non immigrant visa hence no need for I-212 which is used for non-immigrant visa except K's. Please look through my source and be informed.

It doesn't matter if there's an NIV involved or not. I'm saying a solo I-212 applies if the only issue is the removal.
 

Just to make it more clear, here's the list of locations to file the I-212 from your link: https://www.uscis.gov/forms/direct-filing-addresses-form-i-212-application-permission-reapply-admission-united-states-after-deportation-or-removal

See the "Applicant for immigrant visa and waiver on Form I-601 not required" section. Per your claim, this category shouldn't be possible...it only applies to NIVs.

 

Edit: And just to be clear...there absolutely have been people that needed an I-212 approved in order to be issued an IV. It's not an uncommon occurrence.

Edited July 10, 2020 by geowrian

[Sparkle Sparkle 914]

2 minutes ago, geowrian said:

It doesn't matter if there's an NIV involved or not. I'm saying a solo I-212 applies if the only issue is the removal.
 

Just to make it more clear, here's the list of locations to file the I-212 from your link: https://www.uscis.gov/forms/direct-filing-addresses-form-i-212-application-permission-reapply-admission-united-states-after-deportation-or-removal

See the "Applicant for immigrant visa and waiver on Form I-601 not required" section. Per your claim, this category shouldn't be possible...it only applies to NIVs.

 

Edit: And just to be clear...there absolutely have been people that needed an I-212 approved in order to be issued an IV. It's not an uncommon occurrence.

I bet you know more than I do.