Do the I-601 and I-212 need to be filed together?

[PeaceofMind 0]

Hello Everyone,

I am a US citizen and married a Kenyan national in March 2011. He was deported in August 2011. He arrived in the US on a visa and filed for asylum some years later. At some point he had signed a Voluntary Departure while the asylum case was going on. The final decision came in March and asylum was denied, he was arrested by ICE at the end of March and jailed until he was deported in August 2011. This is what happens when you don't follow the Voluntary Departure agreement. I was unaware of this agreement and final decision in the asylum case, at the time, or all of this could have been avoided. So we move on and are on this lovely Visa journey

Here is our timeline:

06/13/2011 I-130 accepted for processing

03/12/2013 I-130 Approved

03/10/2014 Filed Immigrant Visa DS-260

06/30/2014 Husband's Visa Interview in Nairobi

07/18/2014 Submitted additional evidence of relationship as requested from Visa interview

09/15/2014 Visa Denied

My husband received and email from the US embassy in Nairobi with the interview results and it stated that he now needs to file the I-601 and gave a web link for forms. It then gave a web link for information and filing tips for the I-212. So, I am confused as to whether or not we need to submit the I-212 along with the I-601. The email does not clearly state. Please see below for the email and let me know if anyone has any knowledge or experience with this type of case/situation. Thank-you, Denise.

Dear Sir,
>
> After careful review of your case the
> consular officer has determined that you are ineligible for
> a visa based on Section 212(a)( of the
> Immigration and Nationality Act (INA) for 212(a)(9B2) for
> unlawful
> presence in the U.S. In order for us to continue
> processing the case, you will need to submit a request for a
> waiver of the visa ineligibility using Form I-601, to be
> reviewed by U.S. Citizenship and Immigration Services
> (USCIS). Current forms, filing instructions,
> fee information and filing addresses can be found at
> http://www.uscis.gov/I-601
>
> Filling Tips for the
> Form I-212 :
>
> Current forms, filing instructions,
> fee information and filing addresses can be found at
> http://www.uscis.gov/I-212
>
> Again, we cannot process the case any
> further until USCIS approves the I-601 application. If you
> wish to contact USCIS directly, the public information is or
> email
> Lockboxsupport@dhs.gov
>
> Additional information may also
> be found on their website,
> www.uscis.gov.
>
> I trust that this information may be
> helpful in understanding your case status.
>
> Sincerely,
>
> Customer Representative 5
> Immigrant Visa Unit
> Consular Section
> US Embassy Nairobi

[Boiler 43,401]

You need both.

Was the asylum claim deemed frivolous?

[PeaceofMind 0]

I don't think the asylum case was deemed frivolous.

[Boiler 43,401]

Are you going to use a Lawyer?

[PeaceofMind 0]

I am filing on my own. Cannot afford a lawyer. I have done a lot of research and have been preparing my documents. I know it needs to be done right the first time and it is a very nerve wracking process. I read and read the same documents over and over, I am so nervous to get something wrong. It is a slow process but I have been getting things printed. I am meticulous about the assembling part and have not started that yet.

[Calicolom 265]

No way Do it yourself, get a waiver Lawer.

[Boiler 43,401]

Have you at least consulted with a lawyer?

[PeaceofMind 0]

I have not spoken with a lawyer at this time. I just received a referral from a friend yesterday and sent and email today.

I am also a member on another forum and there are members that cannot afford a lawyer and file their own waivers, and have had success.

This is serious business and no one wants to make a mistake, but not everybody can afford the cost of a lawyer on top of waiver fees. Immigration is an expensive process.

[Boiler 43,401]

This is not a simple overstay.

False Asylum claim at best

Deportation

Presumably overstay

Always a good idea to at least have a consultation.

[mrskvelasco 30]

I agree with the above, consult with a few attorneys before you do this on your own, There are many highly recommend attorneys that offer free consultations. Immigration is very expensive, but it's worth it if it saves you from making a mistake. You seem to be on top of things, so I wish you the best. Just make sure your evidence has strong arguments to show extreme hardship.

[PeaceofMind 0]

Thank-you for your support

I am hoping for a positive response from the email I sent to the immigration lawyer my friend referred me to.