Mom's I-601 approval reversed, I-212 stagnant for 2 yrs

[Agyam88 0]

Hello everyone,

I am new to the forum. I should have joined 4 years ago when this nightmare started but better now than never. I am writing for some advice on my I-130 petition for my mom, which was approved 2 years ago.

Here's a timeline of events:

Fall 2010: My mom's brother's I-130 petition for her was approved after 11 years

Aug 2011: Mom self-deports to Ghana, because some USCIS person had wrongly told her that she would need to go back to process the visa.

Aug 2011-Feb 2013: the separation has negative impact on family, financial issues, apartment eviction, depression, marital tensions/resentment etc.

April 2013: Mom finally goes in for visa interview at Accra Embassy. She is refused visa and told she's banned for 10 years due to self deporting after over staying visa and voluntary removal order (which was 10 years before)

June 2013: I submit an I-130 on behalf of mom

June 2013: My citizen sister and I file for I-601 waiver for mom. We didn't file I-212 along with it because we read somewhere that I-601 was sufficient.

Feb 2014: Mom receives RFE from I-601 people. Specifically they want a letter from my dad since he's the only one citizen relative that can petition for my mom. Dad refuses to help her.

April 2014: we submit RFE response explaining all that dad wont help due to how separation has caused family problems. We enclose marriage certificate.

May 2014: USCIS miraculously approves I-601

May 2014: Accra Embassy tells her she still needs an I-212 waiver before she can get a visa

July 2014: I-212 submitted, with I-130 case number

July 2014-July 2015: my I-130 gets processed then approved; we keep checking with I-212, no news

November 2015: Notification from Accra Embassy that I-130 interview scheduled. Simultaneously, USCIS mails us that the I-601 approval has been reversed, unless my dad submits proof of hardship.

Nov 2015: mom goes for interview with embassy, she is told to prove her relationship with daughter petitioner. CO also wants proof that she is married to her citizen husband!!! We wonder, why is my father being asked about when he is not mentioned at all in petition.

December 2015: Mom goes back and provides evidence. CO says still not enough. You cant go back unless you can prove your marriage to husband is real. Orders a FULL family DNA test. At this point, we just assume that Embassy is coordinating with USCIS by requesting DNA test as proof for the waiver

December 2015: Luckily dad abides to DNA test but refuses to submit letter to USCIS I-601 waiver.

January 2016: We mail I-601 NOID response, explain family situation, provide evidence of dad's hardship. but still with no letter to dad.

February 2016: mom called in to take DNA test. 2 weeks later results done, full match. results sent to embassy.

March 2016: Embassy contacts mom about visa interview

April 2016: mom told by CO at interview that 1) everything is fine with evidence but 2) she needs to FILE I-601 and I-212 waivers and hands her folders with the applications. Mom tells her she already filled both and that it has been in their system. CO claims no such record in their system and requests proof from mom. Erring on the side of caution, she doesn't show the CO the original I-601 approval since there is a 601 NOID thats pending.

In the meantime, we havent heard anything from I-212 EVER. we submitted it nearly 2 years ago, and its been under officer review since July 2015 (8 months no). likewise, USCIS has had our response to the NOID since January 5, 2016. No response since.

So my questions are as follows: 1) Why would the CO bring in my citizen father and sister for my I-130 petition which makes no mention of them and has nothing to do with them, but then state that she doesn't know anything about the waiver? Why else would she ask for proof of marriage and offspring with her husband if its not related to the waiver? Moreover, shouldnt the 601 and 212 applications be in my mom's files since they are connected to her case number?

Things are really really really dire in my family and we need an immediate waiver. But with this 601 and 212 in limbo and a non-compliant father, what are our options?

Many thanks for your help.

Edited April 4, 2016 by Agyam88

[Boiler 43,437]

None that I can see, her husband is the only one who is a Qualifying Relative and can file a waiver. I assume he is a USC or LPR.

[aleful 1,905]

hi

as said, your father is the only qualifying relative who can file the waivers and the hardship letter

if you and your sister would have read the instructions, on the i601 it clearly states that only spouses and parents can file waivers and hardship letters

that's why they are asking that your father do the hardship letter

now she should never have lived in the US, because by sibling petition, your mom never could have adjusted status in the US, she should have waited all the time in her country or origin

or have your dad petition for her, and not her sibling

siblings petitions go through consular process, so she had to forget about the petition because she overstayed

unfortunately she left, incurring in a 10 year ban, so, she has a few options, your dad does the hardship letter, or if he doesn't care about your mom,

then she will have to wait until the ban is over, and a few months before the ban is over, you can file for her again, and no need for waivers

[Agyam88 0]

Thanks for the responses. First to Aleful, a more empathetic and less condescending response would be greatly appreciated. I know it might not have been your intention but it reads as that.

"if you and your sister would have read the instructions, on the i601 it clearly states that only spouses and parents can file waivers and hardship letters"

My mother is the one who did the initial research on this and confused the qualifying relative requirements for 601a for 601. Even if we got that information correctly, our father was still non-compliant.

"that's why they are asking that your father do the hardship letter"

Yes we are aware.

"now she should never have lived in the US, because by sibling petition, your mom never could have adjusted status in the US, she should have waited all the time in her country or origin"

She was already here and couldn't leave due to family circumstances. What personal choice she could have made is not the focus of my question. And Its actually not true that she needed to leave for the siing petition because my uncle filed for her before a law was changed that gave her the right to stay in the US for the interview. This has been vetted by two lawyers since this debacle started. Unfortunately she did not know this and got wrong information from USCIS about having to leave.

Thanks again for your input.

[belinda63 2,981]

As the situation is today there are two options. Her spouse cooperates with the filing of the hardship waiver or she waits out the ban outside the US. The I-601 will not be approved without her spouse's cooperation.

As to why your father/her spouse was brought into this: He is the only qualifying relative who can prove hardship for the I-601 to be approved. You were brought into it because you are filing for her as her daughter. Sis....I can't answer.

Edited April 4, 2016 by belinda63

[Joey & NaYa 13]

Thanks for the responses. First to Aleful, a more empathetic and less condescending response would be greatly appreciated. I know it might not have been your intention but it reads as that.

"if you and your sister would have read the instructions, on the i601 it clearly states that only spouses and parents can file waivers and hardship letters"

My mother is the one who did the initial research on this and confused the qualifying relative requirements for 601a for 601. Even if we got that information correctly, our father was still non-compliant.

"that's why they are asking that your father do the hardship letter"

Yes we are aware.

"now she should never have lived in the US, because by sibling petition, your mom never could have adjusted status in the US, she should have waited all the time in her country or origin"

She was already here and couldn't leave due to family circumstances. What personal choice she could have made is not the focus of my question. And Its actually not true that she needed to leave for the siing petition because my uncle filed for her before a law was changed that gave her the right to stay in the US for the interview. This has been vetted by two lawyers since this debacle started. Unfortunately she did not know this and got wrong information from USCIS about having to leave.

Thanks again for your input.

Hi,

You might have to double check on the US interview thing. I believe the only time you can have the interviews in US are:

1. If you have a legal status at the time a visa is available to you (Then you file I-485)

2. USC filing for Spouse

3. USC filing for parent

So sibling of USC doesn't qualify but I understand that she was already in the system before your uncle filed. Sometimes the lawyers also mislead so don't take everything a lawyer says to be true. I know people who have been led into bad situations by lawyers who had no clue. I believe the USCIS personnel was right on this one. I really hope dad will reconsider and help get mom here asap.

[Boiler 43,437]

Assuming as seems likely he is not cooperative then you need to contact the Consulate every year to keep the case live.

I am assuming she was here illegally for some time, you did not mention how long.

And that there are no other issues.

[NigeriaorBust 4,087]

Agree with the above poster that there is no getting a green card through a sibling petition if the person is NOT in status at the time of the interview. You picked bad lawyers. The only ones who are get overstays forgiven are those whose visas numbers are immediately available. But as she left that is past being a point of discussion. You said she was deported in absentia .. which is why she needed the I 212 waiver. Was there any event that brought her to immigrations eyes ? Was she ever arrested for anything ?? If her husband ( are they still legally married or did he file for divorce ? ) doesn't want to support a hardship waiver you will have to wait until 2021 for her to clear the overstay bar. As mentioned you can keep the current petition you have for her alive by having activity one a year . Otherwise your petition will be closed as inactively and you will have to file and pay all over again .

[Jawaree 717]

None that I can see, her husband is the only one who is a Qualifying Relative and can file a waiver. I assume he is a USC or LPR.

Yep in this case IF mom only had just an overstay....however CIMT that's

waivable the beneficiary kids qualifies to file a waiver, so it seem to say that

the CO is asking that of your dad because that's where her relief will come from

where was the I 601 sent to NEB? they usually send all approvals to the Embassy

the approval your mom held should have been shown to the CO, who knows

it may have worked ,An I212 is automatically approved if there is an approved I 601

do a free consult with an atty for a better understanding OP

I 130 can be kept active by contacting NVC annually an email & phone call will do

if she has to wit out a ban

Edited April 5, 2016 by Jawaree

[Hypnos 6,576]

As stated, no options without either a co-operative qualifying relative (in this case, the father) or waiting out the ten year INA 212 bar.

Any I-130 beneficiary can adjust status if either they maintained their nonimmigrant status until their priority date became current and the I-485 was filled (they don't have to remain in status after filing, just until acceptance), or an immediate relative can always adjust provided they initially entered legally.

Your mother obtained poor advice from USCIS. She should have at least consulted with an experienced immigration attorney before taking such a drastic step as leaving. Though in these circumstances it's unlikely to have changed much, due to the nature of her case.

[Boiler 43,437]

As stated, no options without either a co-operative qualifying relative (in this case, the father) or waiting out the ten year INA 212 bar.

Any I-130 beneficiary can adjust status if either they maintained their nonimmigrant status until their priority date became current and the I-485 was filled (they don't have to remain in status after filing, just until acceptance), or an immediate relative can always adjust provided they initially entered legally.

Your mother obtained poor advice from USCIS. She should have at least consulted with an experienced immigration attorney before taking such a drastic step as leaving. Though in these circumstances it's unlikely to have changed much, due to the nature of her case.

Agree sounds like there were no other alternatives so having left just starts the clock running earlier than it might.

Edited April 5, 2016 by Boiler

[Ken19y 0]

Hello everyone,

I am new to the forum. I should have joined 4 years ago when this nightmare started but better now than never. I am writing for some advice on my I-130 petition for my mom, which was approved 2 years ago.

Here's a timeline of events:

Fall 2010: My mom's brother's I-130 petition for her was approved after 11 years

Aug 2011: Mom self-deports to Ghana, because some USCIS person had wrongly told her that she would need to go back to process the visa.

Aug 2011-Feb 2013: the separation has negative impact on family, financial issues, apartment eviction, depression, marital tensions/resentment etc.

April 2013: Mom finally goes in for visa interview at Accra Embassy. She is refused visa and told she's banned for 10 years due to self deporting after over staying visa and voluntary removal order (which was 10 years before)

June 2013: I submit an I-130 on behalf of mom

June 2013: My citizen sister and I file for I-601 waiver for mom. We didn't file I-212 along with it because we read somewhere that I-601 was sufficient.

Feb 2014: Mom receives RFE from I-601 people. Specifically they want a letter from my dad since he's the only one citizen relative that can petition for my mom. Dad refuses to help her.

April 2014: we submit RFE response explaining all that dad wont help due to how separation has caused family problems. We enclose marriage certificate.

May 2014: USCIS miraculously approves I-601

May 2014: Accra Embassy tells her she still needs an I-212 waiver before she can get a visa

July 2014: I-212 submitted, with I-130 case number

July 2014-July 2015: my I-130 gets processed then approved; we keep checking with I-212, no news

November 2015: Notification from Accra Embassy that I-130 interview scheduled. Simultaneously, USCIS mails us that the I-601 approval has been reversed, unless my dad submits proof of hardship.

Nov 2015: mom goes for interview with embassy, she is told to prove her relationship with daughter petitioner. CO also wants proof that she is married to her citizen husband!!! We wonder, why is my father being asked about when he is not mentioned at all in petition.

December 2015: Mom goes back and provides evidence. CO says still not enough. You cant go back unless you can prove your marriage to husband is real. Orders a FULL family DNA test. At this point, we just assume that Embassy is coordinating with USCIS by requesting DNA test as proof for the waiver

December 2015: Luckily dad abides to DNA test but refuses to submit letter to USCIS I-601 waiver.

January 2016: We mail I-601 NOID response, explain family situation, provide evidence of dad's hardship. but still with no letter to dad.

February 2016: mom called in to take DNA test. 2 weeks later results done, full match. results sent to embassy.

March 2016: Embassy contacts mom about visa interview

April 2016: mom told by CO at interview that 1) everything is fine with evidence but 2) she needs to FILE I-601 and I-212 waivers and hands her folders with the applications. Mom tells her she already filled both and that it has been in their system. CO claims no such record in their system and requests proof from mom. Erring on the side of caution, she doesn't show the CO the original I-601 approval since there is a 601 NOID thats pending.

In the meantime, we havent heard anything from I-212 EVER. we submitted it nearly 2 years ago, and its been under officer review since July 2015 (8 months no). likewise, USCIS has had our response to the NOID since January 5, 2016. No response since.

So my questions are as follows: 1) Why would the CO bring in my citizen father and sister for my I-130 petition which makes no mention of them and has nothing to do with them, but then state that she doesn't know anything about the waiver? Why else would she ask for proof of marriage and offspring with her husband if its not related to the waiver? Moreover, shouldnt the 601 and 212 applications be in my mom's files since they are connected to her case number?

Things are really really really dire in my family and we need an immediate waiver. But with this 601 and 212 in limbo and a non-compliant father, what are our options?

Many thanks for your help.

Wow for what i read. Your father damaged everything for being actin so stubborn. We) they need to make sure your dad and mom are still in a relationship since that he is the only one cualifyin relative to she can fill for a waiver or both waiver 212 and 601. Children are not cualifyin even the daughter be her peticioner. That why the drama with adn test cuz who person with little feeling in his heart reject to help the woman mother of his children. They are using the background history that your mother has agaisnt her now. So just the husband can help her. The approval expire every one year so that why is need to fill up new one forms. Good luck my friend.. to fix this mess yal nees to tell ur dad to be more sentive and find a lawyer also..

[Agyam88 0]

Thank you all so much for your input. Unfortunately we got the bad news last week that both waivers were denied. We are awaiting the mail from USCIS on the reasons why, but my guess is its because of the lack of compliance by my father.

Thanks for your help again. Its sincerely appreciated.

[Jawaree 717]

Hypnos I agree, what I was stating is a citizen child can waiver a parent with a waivable CIMT,

however a parent with only an overstay ban the citizen child cannot waiver them it has to be a

spouse. In this case the parent has to sit out the ban outside, if dad becomes agreeable he could

talk to his wife try to get back & the waivers re-filed with stronger hardships

[Boiler 43,437]

It does not matter what the hardships are if the waiver is not filed by a QR.