i need advice.

[sneyek 1]

i will try to make the story short. My wife and my stepdaughter had interview in march 2021 and were put on administrative processing. In December she got a call from embassy  that background check was received and they can proceed with their visas. My wife and stepdaughter were asked to do new medical exams since the previous ones expired. on january 5th we checked the status of their visas and my stepdaughter visa was issued, but my wife received a letter from embassy stating her visa was refused under section 212 a 9 a and there is waiver available for her. I forgot to mention she was in expedited removal and removed from the USA on September 2018. the thing is my stepdaughter visa is valid until June 22nd 2022 and I'm not sure if we get waiver approved before that date. I will not be able to take care of my daughter without my wife being with her. What are my options?? can my daughters visa be extended ?? can we expedite i-212?? When I check processing time for i-212 form, it doesn't look good. It says , it take 6-8 months to get it approved. By the time that waiver is approved  my daughter's visa will expire. I hope someone here can help me and tell me what  my options are.

[Allaboutwaiting 2,503]

You can request for the visa to be reissued.

[sneyek 1]

2 minutes ago, Allaboutwaiting said:

You can request for the visa to be reissued.

she will have to do new medical exams?? who should i contact to get her visa reissued?? nvc??

[aaron2020 11,651]

5 minutes ago, sneyek said:

she will have to do new medical exams?? who should i contact to get her visa reissued?? nvc??

Yes, new medical exam if she wants an immigrant visa reissued after the expiration date.

She contacts the US Embassy/Consulate that issued the original immigrant visa.  

[Allaboutwaiting 2,503]

6 minutes ago, sneyek said:

she will have to do new medical exams?? who should i contact to get her visa reissued?? nvc??

You should contact the embassy/consulate and they would give you all the instructions/requirements.

Edited January 20, 2022 by Allaboutwaiting

[sneyek 1]

8 minutes ago, sneyek said:

 

can i-212 be expedited?

[Allaboutwaiting 2,503]

4 minutes ago, sneyek said:

can i-212 be expedited?

Yes, you can request for it to be expedited. 

[sneyek 1]

3 minutes ago, Allaboutwaiting said:

Yes, you can request for it to be expedited. 

how do I do it?? I have my application ready to be sent. I'm planning on sending it tomorrow.

[Allaboutwaiting 2,503]

1 minute ago, sneyek said:

how do I do it?? I have my application ready to be sent. I'm planning on sending it tomorrow.

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

[sneyek 1]

10 minutes ago, Allaboutwaiting said:

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

Thank you for that. I will try to expedite processing once I get notice number. I appreciate that.

[Boiler 45,525]

Do you have a basis to expedite?

 

Why did you wait until now to submit the I212?

[nastra30 2,287]

How old is your stepdaughter?

As others have mentioned, daughter can ask for visa to be reissued but she will have to do another medical.

 

Anyway, my extra 2 cents.

Another Strategy you can use is - 

*Put in the waiver application right away for wife

*While waiting for that approval, let your daughter fly to you in June to activate her status before visa expires, and then send her right back to her mom. (Depending on the age as asked above, there are guidelines on unaccompanied minors traveling without adult companion that you'll also have to look into). [Note: Your daughter's stamped visa on arrival to the US will act as a greencard for 1 year.]

*Then daughter can wait it out with her mom until she gets her visa. But you'll need to be strategic and vigilant with the timing of things so your daughter doesn't stay more than 6 months outside the US at a time.

 

Edited January 20, 2022 by nastra30

[sneyek 1]

8 hours ago, Boiler said:

Do you have a basis to expedite?

 

Why did you wait until now to submit the I212?

we were not told at the end of interview that we needed waiver. Consul said they have to run a background check,which took several months. we recently received letter from embassy stating my wife qualifies for waiver. what basis do I need to qualify for expedited removal??   Is there a chance that our petition i-212 gets approved earlier then 6 months period?

Edited January 20, 2022 by sneyek

[powerpuff 6,705]

~ Moved from IR1/CR1 Progress Reports to Waivers forum - OP is seeking advice for I212 waiver ~

[Boiler 45,525]

Unlike I 601's, I 212's can be filed at any time. And you know her history.

 

Solo I 212s' processing times certainly used to be all over the place compared to I 601s and I doubt that has changed.so any processing time is very speculative.