Hi, my husband is canadian citizen, I am US citizen.
He was banned for 5 years for overstay last visit,
now I am applying I 130 for him,
when it's approved can he come in?
If so do I need to file a waiver?
What form should I use, he got deported at the boarder
VT highgate, where should I send the waiver form?
Thanks.

There are two different things acting here. For the Expedited Removal (the deportation at the border) he needs an I-212. For overstay, he would need an I-601. Did he have a documented overstay (ie: on a visa) or did he enter as a Canadian Citizen on his passport only and then admit to an overstay at the border?

Please talk to an attorney, this is a long and arduous process. . .especially going through Montreal.

You will file the I-130, it will process in the US then be sent to the National Visa Center for more paperwork requests. . .then you will get an interview in Montreal. In Montreal you will be denied and asked for the waivers. Which waivers will depend on your answers to the previous questions.

http://www.shusterman.com/up-canada.html

Thanks. When should we start I 212 or I 601? How long does it take to get approved and should I start them now?

You hould start working now. You can turn them in at the interview. Unfortunately, Montreal is the slowest waiver consulate in the world. It is currently taking around 13 months.

Thank you for the advice. He only needs 212. The form looks simple.
I'd like to file it myself but don't know where to send.
In this case he was expeditedly removed from Highgate Springs, Vermont, according
to the instruction it has to be filed with the director of USCIS of the district
of the district where the removal proceeding is held.

Is expeditedly removed part of removal proceedings?

Thanks.

Okay, just to make sure, you MUST consult an attorney before you decide that he only needs the I-212, there are other complications with an expedited removal that can require an I-212 and I know from experience that Montreal does not believe that 212 alone exists. (Check out my timeline on I2US if you want further proof. . . .)

IF you decide to go ahead and file, you file with the district office over the area of deportation, yes the ER counts as this. Also, you cannot just send the form on it's own. You will want to includer a package with evidence. I am including lonks here for you to study the process. It is a discretionary waiver.

https://egov.uscis.gov/crisgwi/go?action=of...or.statecode=VT

http://immigrate2us.net/forum/showthread.php?t=339

Thank you so much!
I stopped by VT application support center (64 GriceBrooke rd, st albans) a guy said the USCIS over Highgate Springs,
VT is Bostn USCIS, today I went to Boston USCIS they said to file with Montreal Consulate.
At one time one customer service over the phone at 800 # told me to send to 75 Lower Walden, St Albans, VT, I asked the guy at 64 GriceBrook, he said no.
Where should I file it for sure?

Thank you so much!
I stopped by VT application support center (64 GriceBrooke rd, st albans) a guy said the USCIS over Highgate Springs,
VT is Bostn USCIS, today I went to Boston USCIS they said to file with Montreal Consulate.
At one time one customer service over the phone at 800 # told me to send to 75 Lower Walden, St Albans, VT, I asked the guy at 64 GriceBrook, he said no.
Where should I file it for sure?
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Just a heads up. I had to file the I-212 for my wife and the initial letter that received from USCIS is that it would take 1-year to process. Now, I was able to expedite mine and in one month I had it approved and my wife was back home. But like I stated before I fought and was able to have them expedited and approved.

While I didn't use an attorney, I would recomend you consult one prior to doing anything. At the very least reaserch this process well (online) so that you're not caught off guard. At one point USCIS told me that I had to file the I-601 and the I-212 with the embassy in Colombia. If it wasn't because I was well informed and took the time to speak to the right people at USCIS, I'd probably still be waiting for my wife.

Good Luck to you