WHERE TO FILE THE I-212 OR I-601 IN THE PHILIPPINES?

[JandT 0]

PLEASE HELP, ON JULY 13TH I HAD MY VISA INTERVIEW IN MANILA PHILIPPINES. I WAS TOLD BY THE PERSON WHO INTERVIEWED ME THAT I NEED TO FILE AN I-212PERMISSION TO REAPPLY FOR ADMISSION INTO THE UNITED STATES AFTER DEPORTATION OR REMOVAL. PRIOR TO THE INTERVIEW THE NVS HAS SENT US A LETTER NOTIFIED US THAT OUR CASE IS IN FILE AND THAT WE NEEDED TO PRODUCE SOME OTHER DOCUMENTS WHICH INCLUDES THE I-212. SO MY WIFE(IN U.S) SENT ALL THE NECCESSARY DOCUMENTS WITH THE I-212 TO THE NVC. MONTHS LATER WE HAVE GOTTEN AN INTERVIEW PACKET WHICH STATED I HAVE AN INTERVIEW ON THE 13TH OF JULY AND THAT ALL DOCUMENTS HAVE BEEN FORWARDED TO THE EMBASSY HERE IN THE PHILIPPINES. AND SO JUST THIS MORNING MY WIFE CALLED THE U.S EMBASSY HERE IN THE PHILIPPINES AND WAS TOLD THAT SHE STILL NEED TO FILE THE I-212 AND WE ARE ALREADY HAVE AN I-601 PACKET READY AS WELL. MY QUESTION IS IF ANYONE COULD HELP ME OUT WHAT SHOULD MY WIFE AND I DO?, SHOULD WE WAIT AND SEE WHERE THE OTHER I-212 PACKET THAT WE SENT WENT?, OR MY WIFE CAN SEND THE NEW I-212 ALONG WITH I-601 TO ME HERE IN THE PHILIPPINES AND GO TO THE EMBASSY AND FILE IT MYSELF?,...MY WIFE AND I TRULLY NEEDS HELP:(

[Deputy Purple 1,294]

At the interview did you get a slip thats says you need to submit additional documents (the I-212 packet)? You should be able to return to the embassy and submit the additional documents.

[JandT 0]

At the interview did you get a slip thats says you need to submit additional documents (the I-212 packet)? You should be able to return to the embassy and submit the additional documents.

Thank you so much for the reply..

Yes, i was given a MNL-IV-22A and it says "WE ARE UNABLE TO ISSUE YOU AN IMMIGRANT VISA BECAUSE YOU HAVE BEEN FOUND INELIGIBLE UNDER THE FOLLOWING SECTION OF THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED: 212(a)(9)(A)

so basically just wait till my wife sends the I-212 packet and should she also send the I-601 with it?

[Deputy Purple 1,294]

Thank you so much for the reply..

Yes, i was given a MNL-IV-22A and it says "WE ARE UNABLE TO ISSUE YOU AN IMMIGRANT VISA BECAUSE YOU HAVE BEEN FOUND INELIGIBLE UNDER THE FOLLOWING SECTION OF THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED: 212(a)(9)(A)

so basically just wait till my wife sends the I-212 packet and should she also send the I-601 with it?

Why do you think you need the I-601?

[JandT 0]

Why do you think you need the I-601?

[/quote

WELL I THOUGHT ALL ALONG THAT WHEN YOU FILE AN I-212 THE I-601 HAVE TO GO ALONG WITH IT OR MAYBE I WAS MISINFORM, PLEASE LET ME KNOW IF THATS THE CASE

[emt103c 10]

The embassy decides which waivers you need, the 212 never should have been sent to the NVC (don't worry, a lot of people have been REALLY confused lately by this on the instructions. . . )

If you do not need an I-601, and are filing anything other than a k1 visa, then the I-212 is filed at the USCIS District Office over the area of deportation. . .please talk to a GOOD ATTORNEY, and head over to www.immigrate2us.net where there is a very detailed article from the Adjudicator's manual on how the 212 is decided and what type of supporting documents need to be included. . . .you cannot just send the application and expect an approval, it needs to have detailed documentation and proof of good moral character and even hardship to petitioner in order to succeed. . . the good news is that the burden of proof is much lower than for a 601, but the bad news is that the processing can take longer than a 601 does. . .

[JandT 0]

The embassy decides which waivers you need, the 212 never should have been sent to the NVC (don't worry, a lot of people have been REALLY confused lately by this on the instructions. . . )

If you do not need an I-601, and are filing anything other than a k1 visa, then the I-212 is filed at the USCIS District Office over the area of deportation. . .please talk to a GOOD ATTORNEY, and head over to www.immigrate2us.net where there is a very detailed article from the Adjudicator's manual on how the 212 is decided and what type of supporting documents need to be included. . . .you cannot just send the application and expect an approval, it needs to have detailed documentation and proof of good moral character and even hardship to petitioner in order to succeed. . . the good news is that the burden of proof is much lower than for a 601, but the bad news is that the processing can take longer than a 601 does. . .

thanks Emt

Its been our first time going thru this and my wife and I are starting to find some answers on things. My wife and I are now working on our I-212 packet and double checking to make sure that all supporting documents are all included.

but i was told by the immigrant visa unit in manila that after obtaining the required documents that i should submit them at there immigrant visa branch inside the U.S embassy. so should i call them embassy and ask or should i jus wait till my wife sends me the i-212packet and me going to the embassy and submitting it to them myself?, im alittle bit confuse.

[emt103c 10]

And they did not ask for the 601? Have you consulted an attorney?

[JandT 0]

And they did not ask for the 601? Have you consulted an attorney?

no, at my first interview the consular officer gave me a slip that says: we are unable to issue you an immigrant visa under INA, as amended: 212(a)(9)(A) you have been ordered removed from the united states. and under that statement it says WAIVER: YOU MAY QUALIFY FOR A WAIVER OF THE INELIGIBILITY LISTED ABOVE. IF YOU WISH TO APPLY FOR A WAIVER, PLEASES PROCEED TO WINDOW X FOR A FORM I-601/I-212(WAIVER APPLICATION) AND INSTRUCTION. YOU MUST PAY A FEE OF $545 TO PROCESS A WAIVER APPLICATION. so i went to windown and the lady at window x gave me a form of the I-212 and an instruction packet thats says obtain the required documents that have been specifically marked or listed on the refusal letter(which was the slip) and submit them at the immigration visa branch at the U.S embassy. so i with this instruction should my wife and i still need to file an I-601? and my wife n i havent yet consulted a lawyer.

[emt103c 10]

You need an attorney who is experienced specifically with Manila. Manila makes up rules (A LOT OF THE TIME) as they go. . . they *may be* making up the rules in this case too. A 212 is usually filed not with the consulate but with the district director. . . but if they say to file with them, I guess you try to do what they say. . .it may change when they wake up and realize they only asked you for a 212.

Now, can you tell me about previous entries and exits and if any other blocks were checked as inelgibilities?

Did she have an overstay, if so when?

Was she denied entry, if so, what reasons were given? When did it happen?

[JandT 0]

You need an attorney who is experienced specifically with Manila. Manila makes up rules (A LOT OF THE TIME) as they go. . . they *may be* making up the rules in this case too. A 212 is usually filed not with the consulate but with the district director. . . but if they say to file with them, I guess you try to do what they say. . .it may change when they wake up and realize they only asked you for a 212.

Now, can you tell me about previous entries and exits and if any other blocks were checked as inelgibilities?

Did she have an overstay, if so when?

Was she denied entry, if so, what reasons were given? When did it happen?

im really praying that they do know what there doing, it would really makes it faster when no delays on the papers. just last week my wife called the embassy here in manila and they told here that its better for my wife to send the 212 to me and me personally going to the embassy and so my wife jus sent the 212 yesterday to me here in the philippines and as soon as i get them im heading back to manila.

as far as the entries and exits i never left the states until i was given an apppointment letter from ICE and when i went to the appointment i was pretty much told that they are giving me a month to prepare and leave the states. i was petition by my step-mom the first time i came to the states. and no other blocks were check jus 212(a)(9)(A) thats it.

[Bocajr27 3]

I had to file an I-212 after we received word from the consulate that my wife had "No Ineligibilities" and needed the approved form to get back into the US. From My understanding, the I-212 is only filed at the consulate when filed in conjunction with the I-601. Otherwise, your wife would need to file it with the local USCIS office that handled your deportation.

Because the consulate specified that you are "Ineligible" to receive a visa, I'm under the impression that your assumption of needing both the I-601 and the I-212 is correct. Please note that both these forms have a charge of approximately $545.00 each.

Now, if you were mistaken on your assumption and only need the I-212, please be aware that the standard processing time for this form is approximately 1-year from the date you file it. We were lucky and received the approval in 45 days, but I was a relentless thorn for my local USCIS office and would visit them on a weekly basis to get my process expedited due to health issues of my US born son that resided with my wife in Colombia.

I wish you the best of luck.

[emt103c 10]

im really praying that they do know what there doing, it would really makes it faster when no delays on the papers. just last week my wife called the embassy here in manila and they told here that its better for my wife to send the 212 to me and me personally going to the embassy and so my wife jus sent the 212 yesterday to me here in the philippines and as soon as i get them im heading back to manila.

as far as the entries and exits i never left the states until i was given an apppointment letter from ICE and when i went to the appointment i was pretty much told that they are giving me a month to prepare and leave the states. i was petition by my step-mom the first time i came to the states. and no other blocks were check jus 212(a)(9)(A) thats it.

Okay, but why were you given an appointment by ICE? Why did you need to leave? How long were you out of status? What type of visa/entry did you have?

Bocajr27: As you said, normally a 212 in a CR1/IR1 visa is only filed at the consulate if accompanied by a 601, that is the way it is supposed to be.. . .Manila makes their own rules, it seems, so JandT needs to consult a lawyer familiar with Manila so that he can figure out if this is their SOP. . .

Also, having a deportation is an "Ineligibility". . .if you were not ineligible, you would not need the 212 waiver in the first place. In fact the piece of law that JandT cited is the one that makes a person ineligible for the visa after deportation.

212a9a=Previously deported (needs 212)

212a9b and 212a6ci overstay and Misrepresentation are two of the most frequent ones requiring a 601. . . .

but all are "ineligibilities."

The 212 at a district office varies widely. . .usually 6 months to a year. . .

Edited July 17, 2010 by emt103c

[Bocajr27 3]

Okay, but why were you given an appointment by ICE? Why did you need to leave? How long were you out of status? What type of visa/entry did you have?

Bocajr27: As you said, normally a 212 in a CR1/IR1 visa is only filed at the consulate if accompanied by a 601, that is the way it is supposed to be.. . .Manila makes their own rules, it seems, so JandT needs to consult a lawyer familiar with Manila so that he can figure out if this is their SOP. . .

Also, having a deportation is an "Ineligibility". . .if you were not ineligible, you would not need the 212 waiver in the first place. In fact the piece of law that JandT cited is the one that makes a person ineligible for the visa after deportation.

212a9a=Previously deported (needs 212)

212a9b and 212a6ci overstay and Misrepresentation are two of the most frequent ones requiring a 601. . . .

but all are "ineligibilities."

The 212 at a district office varies widely. . .usually 6 months to a year. . .

EMT103; While, I believe that you are very knowledgeable on immigration issues, I will disagree with you on your statement that "Having a deportation is an ineligibility". My wife was deported and after a 30 day stay in AP we received the following e-mail from the consulate;

We have completed the administrative processing in your case as of this morning. Your wife does not have any ineligibilities. However, before we can issue her visa, she must have an approved I-212 form from USCIS. Please see http://www.uscis.gov/files/form/i-212.pdf to download this form (the instructions are at http://www.uscis.gov/files/form/I-212instr.pdf). This form should be filed with the local USCIS office that handled your wife’s departure. Once it is approved, you can bring us a copy, and we will be able to issue your wife’s visa.

The I-212 is a permision to reenter the US. If an ineligibility existed, then we would have had to file the I-601 in conjunction with the I-212 at the consulate. In any case, I belive that they would be better off contacting a laweyer if things in Manila are as you and others state they are.

[emt103c 10]

Did they issue the visa before the waiver was approved? No. Could they? No.

Why? She was ineligible for a visa until she had a waiver.

I do understand you are trying to help, and I respect that, but in this instance they used the wrong wording and you just quoted their error. You can find the ineligibilities listed on this website: DOS ineligibilities

Scroll down and you will see that under 9A, previous deportation (also including Expedited Removals) is an ineligibility and is listed in the law and also on the consular checkoff sheet which they must not have given you or your wife, but gave to our OP. . . .don't feel bad though, even "public charge" is an ineligibility until a person gets a co-sponsor, it is just the legal term. . .

Not every person at the consulate bothers to proofread their emails. If they had read the INA they would know that it is listed as an "ineligibility" and if they had proofread their email and placed the word "other" before the word "ineligibilities," we wouldn't be having this conversation.