Do I need to file I-601 or I-212?

[Andy Chai 0]

I'm a USC. My girl friend and I visited US together in late Oct. 2007. She got a removal due to the immigration officer alleged her intention is to remain in US with a B1/2 visitor's Visa. That's a 5 years ban under sections 212 (a)(6)©(i), 212(a)(7)(i). We took the next flight back to HK at our own expense (return ticket). Then, we got married later that year and I filed I-130 for her. Now, the US consulate interview is scheduled for May, 2009. Do I need I-601 or I-212 ready before the interview? I don't want any more delay if the consulate ask for it. It tooks a year and half to get to this point.

Andy

[canadian_wife 1,791]

212(a)(6)( c ) (i)

(i) In general

Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible.

How did she misrepresent herself? I assume that she did NOT claim US citizenship?!!??!? Yes, you will need to have the waiver ready for the interview as your wife is not admissable at this point. I am not sure if the HK embassy accepts the waivers at the interview or not but best to have it ready. Processing waivers is always slow. You will have to show EXTREME hardship for the waiver to be accpeted. Waiver information is available in abundance at www.immigrate2us.net

Goodl luck.

EMT will correct me if I am wrong.

[emt103c 10]

Hello,

We've already spoken on the other forum. My answer stands. You must file both the I-212 and I-601. . . .Expedited Removal with Misrepresentation charge.

[sidp69 1]

Hello,

We've already spoken on the other forum. My answer stands. You must file both the I-212 and I-601. . . .Expedited Removal with Misrepresentation charge.

212(a)(6)( c ) (i)

(i) In general

Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible.

How did she misrepresent herself? I assume that she did NOT claim US citizenship?!!??!? Yes, you will need to have the waiver ready for the interview as your wife is not admissable at this point. I am not sure if the HK embassy accepts the waivers at the interview or not but best to have it ready. Processing waivers is always slow. You will have to show EXTREME hardship for the waiver to be accpeted. Waiver information is available in abundance at www.immigrate2us.net

Goodl luck.

EMT will correct me if I am wrong.

I'm a USC. My girl friend and I visited US together in late Oct. 2007. She got a removal due to the immigration officer alleged her intention is to remain in US with a B1/2 visitor's Visa. That's a 5 years ban under sections 212 (a)(6)©(i), 212(a)(7)(i). We took the next flight back to HK at our own expense (return ticket). Then, we got married later that year and I filed I-130 for her. Now, the US consulate interview is scheduled for May, 2009. Do I need I-601 or I-212 ready before the interview? I don't want any more delay if the consulate ask for it. It tooks a year and half to get to this point.

Andy

I am also a member from hong kong and looking for some help. Is there any good lawyer in Hong kong who can assist in such a case. Please help.

[Jawaree 717]

Best to get a US atty who understand the process, everything can be done by

fax and email...hopefully she did not present herself as USC... a waiver atty

is needed after the embassy approves this at interview, it then takes 6-12 mths

for a discretionary decision and both waivers will be needed @ a lost $600 each

all waivers have to be sent now to lockbox in Nebraska USA

[Andy Chai 0]

Sidp69: Long story. I filed I-601and I-212 myself but got denied because of lacking of "extreme hardship". You need a third person in US licensed to prove that you are "extreme hardship". For example "Psychological evaluation". If you get denied, don't try to appeal the case in court rather than file I-601 and I-212 again. It saves you time to do so. The immigration attorney in US don't even know that. I had to tell the attorney to withdraw from the appeal court which took additional 2 months delay. I spend almost $3000 for immigration attorney, and $750 for Psychologist. The I-601 finally approved in October, 2010. Good luck! We suffered 2+ years for this stupid mistakes.