I-212 or I-130 first?

[adritk 0]

I'm new here, but i have been stalking this website for a while....

in 2005, my husband (then boyfriend) was late in paying for his college registration. that fall he was arrested and told he would get notification of his hearing in the mail. he never received this notification. then in january of 2006 he received a letter in the mail saying that because of his failure to attend his hearing (which he was never notified of) he was to be deported. well he was still in college and attended classes in the spring and summer, then in july once his classes were through he went to ICE in chicago to get the whole situation worked out and there they arrested him and he chose to be deported rather than fight the case because he had no resources in america and wasn't very optimistic about the whole thing. so then he was sent to jail to wait for deportation and deported a month later. the code placed in his passport was 237(a)(1)©(i)

i (US citizen) married him in april of 2008 and moved to pakistan. we had a son in august of 2009.

i was just wondering, i think he needs an I212, and i didn't know if we should file the I130 or if he could file the I212 before the I130 - is that possible? is it any faster than doing the I130 first if it is possible?

thank you for any advice in advance

[NUNI 0]

I'm new here, but i have been stalking this website for a while....in 2005, my husband (then boyfriend) was late in paying for his college registration. that fall he was arrested and told he would get notification of his hearing in the mail. he never received this notification. then in january of 2006 he received a letter in the mail saying that because of his failure to attend his hearing (which he was never notified of) he was to be deported. well he was still in college and attended classes in the spring and summer, then in july once his classes were through he went to ICE in chicago to get the whole situation worked out and there they arrested him and he chose to be deported rather than fight the case because he had no resources in america and wasn't very optimistic about the whole thing. so then he was sent to jail to wait for deportation and deported a month later. the code placed in his passport was 237(a)(1)©(i)i (US citizen) married him in april of 2008 and moved to pakistan. we had a son in august of 2009. i was just wondering, i think he needs an I212, and i didn't know if we should file the I130 or if he could file the I212 before the I130 - is that possible? is it any faster than doing the I130 first if it is possible?thank you for any advice in advance

you cannot file waiver untiil your husbands visa get denied,so basically you have to start from I-130 than once it is approved you have to do all DS-230 and affidavit of support forms with NVC, your husband will be interviewed than and consulate and will told that he is inadmissable and you have to file waiver at this point you can file waiver though it is advisable that you keep waiver packet ready on interview date as it can be turned in same day,that will save your time,wish you best of luck and welcome to the club.

[adritk 0]

you cannot file waiver untiil your husbands visa get denied,so basically you have to start from I-130 than once it is approved you have to do all DS-230 and affidavit of support forms with NVC, your husband will be interviewed than and consulate and will told that he is inadmissable and you have to file waiver at this point you can file waiver though it is advisable that you keep waiver packet ready on interview date as it can be turned in same day,that will save your time,wish you best of luck and welcome to the club.

aahhh a clear answer......thank you, i truly appreciate

and good luck to you too!

[edward toro 3]

aahhh a clear answer......thank you, i truly appreciate

and good luck to you too!

Well, Not really. If you are 110% sure of what type of waiver you need, you could -in some cases- file it after the I-130 is approved. For example: If the only waiver you need is an I-212, you can file it right after your I-130 approval and save a lot of time, since waivers usually take several months to be approved. On the other hand, if you need two waivers like an I-601 and an I-212 there's no short cut. You have to wait until the embassy interview. I will go to see a very, very good lawyer on this one.

[emt103c 10]

Do consult with a good attorney. You need to figure out when they declared him as "Not maintaining his non-immigrant status" which is what that code means. If it was more than 180 days then he may need that 601 waiver. Can you give us a clearer timeline? Specifically when the Notice to appear was supposedly sent out, when the deportation hearing was and when he acutally left the US. From the original post it looks like 2006, so did you marry him in Pak or was he still in the US in 2008.

It sounds like they were mistaken. . .he was here on a student visa and attended classes all semesters, right? This might be an effective argument if you have to file a 601 which is strangely hard to get approved in Pakistan sometimes. . .

Also, I don't think Pakistan is enforcing the five year ban for missing deportation hearings, but that is something else you would want to address with a lawyer. Immigration law is federal and most really good immi attorneys can conduct all meetings and consults by fax/phone/internet. . .