Significant progress but new complications

[sidmando 15]

6 minutes ago, Boiler said:

So you are assuming she will just be subject to the one bar, something that could have been waived a long time ago by filing a I 212.

 

I can see the possibility of an I 601 but mo way of knowing for certain, something the Consulate will determine 

As I said above, the consular officer at yesterday's interview told us that waivers are currently taking 1-2 years to process, so obviously that doesn't help us.

[milimelo 4,481]

Both I-212 and I-601 are at 12 months processing (Nebraska service center - the only center processing them). 
 

If I were you, I’d consult with a competent immigration attorney (well versed in waivers) to see what potential bans the wife could get and consider filing waivers ahead of time. At least one can be done before interview (I-212?). 

[sidmando 15]

5 minutes ago, milimelo said:

Both I-212 and I-601 are at 12 months processing (Nebraska service center - the only center processing them). 
 

If I were you, I’d consult with a competent immigration attorney (well versed in waivers) to see what potential bans the wife could get and consider filing waivers ahead of time. At least one can be done before interview (I-212?). 

I'm confused. Why would she be subject to additional bans? And what would be the purpose of applying for a waiver if her ban is going to expire before a waiver could be granted?

[Boiler 45,525]

Solo I 212's are filed with the field office, I seem to remember seeing recently that they can now be filed on line.

[carmel34 3,633]

4 hours ago, sidmando said:

What will happen if she spends more than 6 months outside the US? Since it will be over a year before my wife is able to travel to the US, it would require 2 trips in order to avoid my stepdaughter not being outside of the US for 6 months.

She should be ok depending on the CBP officer.  The first trip back to the US as a returning LPR she should be fine.  They may question her on the second trip 6 months later.  As a minor I doubt that they would hassle her much.  Make sure you have documentation showing that her mother approves of the travel to the US with you in case you are asked why the mother is not with her daughter.  I also suggest that you review the relevant policy on maintaining lawful permanent resident status:

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

Edited September 2, 2022 by carmel34

[Boiler 45,525]

Please let us know what happens at the interview 

[sidmando 15]

3 minutes ago, Boiler said:

Please let us know what happens at the interview 

Well the interview won't happen for over a year, unless I am not understanding the situation correctly. Based on everything I've been told, if we go to the interview while the entry ban is still in effect we will be automatically denied. So my current plan is to postpone the interview until after the 5 year period has ended (Sept. '23). Am I understanding the situation correctly?

[Boiler 45,525]

She needs to interview asap

 

you need to know the issues you are dealing with

[sidmando 15]

5 minutes ago, Boiler said:

She needs to interview asap

 

you need to know the issues you are dealing with

So you're saying that there is no risk that the application will be flat out denied if we go to the interview before the ban has expired? I have gotten conflicting advice on this point. Some people have said we will be automatically denied if the ban is still in effect and that we should therefore postpone the interview until after the ban has expired. Can anyone shed light on this issue?

[Crazy Cat 41,887]

@sidmando, some bans are longer than 5 years...... some bans can be waivered. Why wait? 

[sidmando 15]

Just now, Crazy Cat said:

@sidmando, some bans are longer than 5 years...... some bans can be waivered. Why wait? 

I have the documentation of her expedited removal, and it specifically states that she is prohibited from entering, attempting to enter, or being in the US for a period of 5 years from the date of her removal.

 

So is your opinion that we should go ahead and do the interview as soon as we can, even though the ban is still in effect?

[Boiler 45,525]

17 minutes ago, sidmando said:

So you're saying that there is no risk that the application will be flat out denied if we go to the interview before the ban has expired? I have gotten conflicting advice on this point. Some people have said we will be automatically denied if the ban is still in effect and that we should therefore postpone the interview until after the ban has expired. Can anyone shed light on this issue?

Who are these some people?

[sidmando 15]

1 minute ago, Boiler said:

Who are these some people?

Commenters on this site. I don't remember exactly who. I have been trying to understand this issue for over a year.

 

It seems like it should be a pretty straightforward question. If we go to the interview while the ban is still in effect, will that result in a denial of the application? If we wait until the ban has expired will our application be approved assuming everything else is in order (which the fact that my stepdaughter's visa was just approved seems to indicate that it is). And if that's the case, doesn't that mean we should wait until the ban has expired to go to the interview?

Lastly, it seems like the waiver process isn't relevant for us at this point, since the ban will be over in 1 year, and waiver applications are currently taking 1-2 years to process.

[Boiler 45,525]

I will have a look later I can not think of a logical reason.

[pushbrk 12,898]

1 hour ago, sidmando said:

I have the documentation of her expedited removal, and it specifically states that she is prohibited from entering, attempting to enter, or being in the US for a period of 5 years from the date of her removal.

 

So is your opinion that we should go ahead and do the interview as soon as we can, even though the ban is still in effect?

Opinions vary but that is not MY opinion.  I think delaying the interview is the best course of action.  The daughter can also apply for a re-entry permit before she goes back to Peru, to avoid any issues associated with being gone too long.  Do obtain any permission documents needed for the daughter to travel with you.