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Edtab

ina section 212(a)(6)(a)(i), charge

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

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Edtab Contributor

Edtab   33

Posted
Filed: IR-1/CR-1 Visa Country: Brazil
 Timeline
Posted

Does anyone know what this is if the person is outiside the US : is on the FOIA  this charge: ina section 212(a)(6)(a)(i)

If the person is already outside the US for more than 10 years , is any waiver needed?

TBoneTX Grand Master

TBoneTX   45,591

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread is moved to the Waivers forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Boiler Grand Master

Boiler   45,731

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Possibly not. Somebody who had entered illegally and then left, were they deported?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Edtab Contributor

Edtab   33

Posted
Filed: IR-1/CR-1 Visa Country: Brazil
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Posted
4 minutes ago, Boiler said:

Possibly not. Somebody who had entered illegally and then left, were they deported?

EWI in 2004 , then was detained by ICE in 2006, faill to leave a the time (2007)Ordered by judge after a fell immigration couts, and then left on his own in Dec 30 2010.

Is out of the cUS since.The lawyer requested the FOIA and was charge: 212(a)(6)(a)(i).

Is a waiver needed for this case?

Boiler Grand Master

Boiler   45,731

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

From a practical perspective waivers are determined by the CO who will of course have the full information.

 

Sounds like he was given Voluntary Departure and ignored it, they give you time to leave but not 3 years.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,731

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
2 minutes ago, Mike E said:

Your lawyer should know.

True

 

The issues are not all mentioned on the FOIA

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Family Mentor

Family   4,065

Posted
Timeline
Posted
11 hours ago, Edtab said:

EWI in 2004 , then was detained by ICE in 2006, faill to leave a the time (2007)Ordered by judge after a fell immigration couts, and then left on his own in Dec 30 2010.

Is out of the cUS since.The lawyer requested the FOIA and was charge: 212(a)(6)(a)(i).

Is a waiver needed for this case

His VD / voluntary departure became an Order of Removal when he failed to leave . Since he ultimately left in 2010 , that began his 10 year bar and he has satisfied it. No waiver ( I-212) will be needed…but until he gets in front of a consular interview and walks away with an immigrant visa approval…he won’t know for sure if they won’t find other inadmissibilities that require an I-601 waiver. 
 

For example, CDJ Mexico slaps smuggling charges against everyone whose children or spouse EWI at same time or after.

 

Am assuming the attorney is preparing I-130 by your friends son/daughter..

Edtab Contributor

Edtab   33

Posted
Filed: IR-1/CR-1 Visa Country: Brazil
 Timeline
  • Author
Posted
9 hours ago, Family said:

His VD / voluntary departure became an Order of Removal when he failed to leave . Since he ultimately left in 2010 , that began his 10 year bar and he has satisfied it. No waiver ( I-212) will be needed…but until he gets in front of a consular interview and walks away with an immigrant visa approval…he won’t know for sure if they won’t find other inadmissibilities that require an I-601 waiver. 
 

For example, CDJ Mexico slaps smuggling charges against everyone whose children or spouse EWI at same time or after.

 

Am assuming the attorney is preparing I-130 by your friends son/daughter..

Thanks for the response, The attorney is preparing the  I-130 based in the spouse that is an American citizen.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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