Is an I-212 needed after 5 years?

[Lopay 0]

Hey, I was talking with my senator's office and they are still waiting for the Del Rio POE to respond to their inquiry about adding three years to my stepdaughter's removal. So I now have a new question. USCIS wrote a letter saying the normally the I-212 should be filed at the embassy but in my case I should mail it in. I think that they do not want to admit that they made a mistake.

In the same letter they said that I should mail it to the San Antonio field office and I should expect 18 months for it to be processed.

If the POE comes back and decides to do the right thing and move her removal date to 2000 like it should be, then she will have been out of the country for 5 years and therefore not need a waiver- right?

If they come back and will not admit they made a mistake and keep the Oct 2003 date, that means that 5 years will be up next Oct. If I file the waiver and it takes 18 months, by the time they get to it, she will not need one. So it looks like I should just go ahead and apply for an appointment because by the time I get one, Oct of 2008 will have passed.

And as far as I understand, if I apply for an appointment, it will keep my petition open for her, so I don't have to worry about the petition closing. I hope the POE does what is right, but.......

Any ideas????

Thanks in advanced

[cd1111 0]

Hey, I was talking with my senator's office and they are still waiting for the Del Rio POE to respond to their inquiry about adding three years to my stepdaughter's removal. So I now have a new question. USCIS wrote a letter saying the normally the I-212 should be filed at the embassy but in my case I should mail it in. I think that they do not want to admit that they made a mistake.

In the same letter they said that I should mail it to the San Antonio field office and I should expect 18 months for it to be processed.

If the POE comes back and decides to do the right thing and move her removal date to 2000 like it should be, then she will have been out of the country for 5 years and therefore not need a waiver- right?

If they come back and will not admit they made a mistake and keep the Oct 2003 date, that means that 5 years will be up next Oct. If I file the waiver and it takes 18 months, by the time they get to it, she will not need one. So it looks like I should just go ahead and apply for an appointment because by the time I get one, Oct of 2008 will have passed.

And as far as I understand, if I apply for an appointment, it will keep my petition open for her, so I don't have to worry about the petition closing. I hope the POE does what is right, but.......

Any ideas????

Thanks in advanced

When I filed for my I-212 waiver with my pending petition then, the consular officer put me on AP until my waiver was approved. He said I could either wait for my waiver approval or wait up my ban period. He made it clear that I can get my visa on the day my ban expires if I still didn't get my waiver approval. Fortunately, I didn't have to wait until my ban is over as my waiver was approved.

In your case, just make sure when your ban really started so you know your ban expiration. Usually, a letter of expedited removal will tell you when you have been removed and up to how many years you are banned to enter the US. Once your ban is over and you have a valid visa to re-enter the US, then I think you should be fine. Keep all the records with you.

Good luck,

cd