My Husband was found deportable in May of 2002. We tried to adjust his status on the VWP to permanent resident not knowing that through a loophole, we could actually remain in the U.S. while continuing to file. We decided therefore, to return to the U.S. to adjust his status so he could work legally. We took less than 180 days from his expiration on his VW to purchase our tickets to move back to England. A month before we were to leave for the U.K., we took a trip to visit Niagra Falls, and ended up taking a wrong turn and having to come back into the U.S. from the Canadian side of the Falls. The officer gave him the maximum penalty, found him deportable and removed him from the U.S. Because we had already purchased our tickets to return to the U.K., the officer allowed my husband to stay in the U.S. until our flight date. We left the country on July 30th, 2002. We filed for the I-130 in Feb. of 2004. We recieved our visa interview at the London Embassy on May 15th, 2006. There we were given instructions to file the I-601, as his visa was denied on the grounds stated previously. We filed, and submitted our documents along with letters of hardship, and many other supporting documents on June 3rd, 2006. We were told the filing time would take 12-14 weeks. My husband recieved a phone call on July 27th, 2006 from the London Embassy stating that they have done all they can with the I-601, and told us that we should file the I-212 with the DHS office in Buffalo, N.Y. and did not give us our reimbursement for the I-601, or return our letters of hardship and letters of support etc. The agent at the embassy told us to pay the fee for the I-212 and that in the meantime, the embassy would reimburse us. They sent us the I-212 in the mail without any other advice, or reasons why they were not filing our I-212. Is this the worst case of farcicle, lazy agents at any embassy, or what? Does anyone have any advice, or even just some empathy or sympathy? I'm going crazy trying to figure all this out myself!!!

The two waivers are for distinct purposes. Form I-601 (Application for Waiver of Grounds of Inadmissibility)
and Form I-212 (Application for Permission to Reapply for Admission into the United States After Deportation or Removal).

If we ARE to file the I-212, then, why were we told by the officer at our interview to pay for and file the I-601?

Why was he found deportable?

[quote name='diadromous mermaid' date='Aug 1 2006, 10:47 PM' post='348237']
[quote name='odeasjourney' post='348225' date='Aug 1 2006, 05:41 PM']
]

The two waivers are for distinct purposes. Form I-601 (Application for Waiver of Grounds of Inadmissibility)
and Form I-212 (Application for Permission to Reapply for Admission into the United States After Deportation or Removal).
[/quote]
If we ARE to file the I-212, then, why were we told by the officer at our interview to pay for and file the I-601?
[/quote]

Why was he found deportable?
[/quote]
Because he overstayed his visa waiver by less than 180 days. We tried to adjust his status from visitor to permanent resident, and were really naive to the whole process. We tried filing a few times but keep gettting our packets sent back to us. We figured out it was going to take a long time to adjust his status and if we continued to try to file, Rich wouldn't have been able to work legally, and that was getting him down. So, we decided we would file from the UK and move back there. Before we did, we took a trip to visit Niagra Falls, and took a wrong turn and ended up in Canada. We had to turn back around and come through immigration. Rich, with his British accent, was asked to go into the INS (DHS) building. There we were, trying to do everything legally, and just needing a couple of extra months to earn some money, we 'took a wrong turn' that has really altered our lives and made lots of things really difficult.

I'm guessing the London Embassy have to have both forms complete before approving.

Sorry to hear about your problems, I overstayed a while back and it is certainly a rough road to try and get back into the US.

What, if anything, was stamped on his passport? Usually, an overstay of less than 180 days imposes no bar. Have you calculated the dates?

Typically, the I-601 is used to overcome inadmissibility. I-212 is, by virtue of its title, used to overcome a statutory bar on admission. Now, apparently, according to the consulate your case has a twin conjunctive requirement. I'd be asking an immigration attorney under what statute your husband was removed.

Obviously its the US Govt's fault for his problems.