(I-130, I-601, and I-212) Questions (Embassy "Investigating" Criminal History)

[MrsAwakened 7]

Both waivers would be needed, however an atty doing

an AO may be in order if there are discrepancies re the

charge. Its very strange that one will ne deported recently

& likely receive a waiver B4 three yrs especially with such

crime unless its vacated or a AO proves that the Embassy

is making a mistake re:decision, for former LPR there's no 212(h)

waiver for him, very few get granted.

Yes, that's accurate that both would be needed.

I'm just wondering why this U.S. Embassy employee would tell me, "Thanks for updating us with all relevant contact information.

You can feel free to begin working on the I-212 process with USCIS." That is actually the whole email, minus the Consular Section info and seal logo. That was their reply to me asking if I can mail the I-212 to the USCIS. In the first email, they specified they cannot speak to me, the petitioner, because I am not the beneficiary. I didn't even ask them anything about that, they just chose to say it. So they decided to be as vague as possible but still give me information... O__o Even my friend who has used this site for a long time said she was surprised they even spoke about the I-212. I mean the I-212 is a waiver just like the I-601 is. They have different purposes but they're still a part of the bigger picture - Someone previously deported (I-212) for criminal grounds (I-601). As much as some people think, the people at the U.S. Embassies aren't dumb. Some are corrupt but that's because some of them were smart enough to realize if they could pull it off or not. Regardless if someone is corrupt or not, they know there are fees for these forms. I'd say the only people who could get the benefit of the doubt is if an employee only gave out mail to their coworkers (like mail room worker) or a janitor. The person who is replying to my emails and thousands of others was trusted enough to reply to people's serious questions. How could they not know that the I-212 and the I-601 are $585 PER form? If they know this information, why would they encourage someone in ANY WAY to begin the I-212 waiver process with the USCIS? Either they care so much about the government getting $1,170 from someone or there is actually a chance my husband is able to use the I-601 waiver. The US Embassy in Sarajevo isn't like this big corrupt place where they hope to steal everyone's $1,170 and take bribes. I know of people who are deported to that location but I doubt many people are fighting to get back. Some people get deported to Bosnia from the US for some serious stuff (several felonies/murder/war crimes, etc). My husband was deported under 237(a)(2)(B)(i). The only drug that ever shows up on his criminal history is Marijuana. There's people there legally trying to come to America but I'm sure it's rarely b/c they were deported previously for having 5+ felonies. The immigration judge told my husband he had a good chance to not even be deported if he was able to put in legal effort. Even immigration officers were encouraging my husband for after the deportation.

Pretty much no one can answer my questions because no one is inside the head of this Embassy employee. I can't ask them because it will lead back to "we cannot discuss ineligibilities that may require a waiver at this time". I can only wait until his new interview.

Edited December 1, 2016 by MrsAwakened

[LionessDeon 2,060]

If you are living there in his country wouldn't it be difficult to prove hardship for the I-601? It's alot more than just completing the I-601 form. Lizz Cannon prepared a 10 page brief for me, which included 27 exhibits of evidence of why I could not live in his country.

Edited December 1, 2016 by LionessDeon

[Boiler 43,425]

If you are living there in his country wouldn't it be difficult to prove hardship for the I-601? It's alot more than just completing the I-601 form. Lizz Cannon prepared a 10 page brief for me, which included 27 exhibits of evidence of why I could not live in his country.

You can argue it both ways, I tried it here are all the issues. If you have not tried it well you could argue it is all speculation.

[MrsAwakened 7]

If you are living there in his country wouldn't it be difficult to prove hardship for the I-601? It's alot more than just completing the I-601 form. Lizz Cannon prepared a 10 page brief for me, which included 27 exhibits of evidence of why I could not live in his country.

Nope, it's actually not difficult. Bosnia isn't like a vacation to Hawaii or something. That'd be cool...but no. I would have never tried this if I didn't have enough proof. That would be dumb and a waste of time and money. Honestly, I have too much proof. Now that I experienced it myself, I can also share my experience.

That's smart! Do you remember how much it cost you for her to do that? It cost us $500 for her to get my husband's criminal records. I could have done it myself but I wanted it done asap and I wanted the courts to know I was serious. hahah I did have to get his sealed record and one other by myself. Getting sealed records is not fun! Apparently the courts are not eager to give up minor records either so I'm glad she was there to help with that.

[MrsAwakened 7]

You can argue it both ways, I tried it here are all the issues. If you have not tried it well you could argue it is all speculation.

Yes! Exactly! I wrote that and didn't see you said something first!

Plus, I read an example of this woman who chose to stay in the US and it didn't work out well for her case.

Like how is that extreme hardship if you're just choosing to live there anyway. After my husband was deported, I went there 2 months after. I'd love to be able to stay in the US but the hardships are preventing me from staying in the US without him. Plus, if I stay in the US by myself with my mom, it causes hardships for her.

Edited December 1, 2016 by MrsAwakened

[LionessDeon 2,060]

Ok good news then! Hope it works out for the best!

[MrsAwakened 7]

Ok good news then! Hope it works out for the best!

Thank you very much!

[MrsAwakened 7]

They emailed him on the 12th and the new interview was suppose to be on the 14th but neither one of us saw that email. Failllll.

They emailed me this morning telling me to tell him to contact them lol :x

Yessss "near future" really meant what I hoped!!! hahah

I just didn't think they'd make it for 2 days after the email. ?

Edited December 16, 2016 by MrsAwakened

[Jawaree 717]

Best wishes on the new interview, I hope if there's a mistake

on their part they'll fix it without much more delay. As to living in

his country there are flip side arguments on hardship as Boiler

pointed out everytime so it really does not matter.

[MrsAwakened 7]

Best wishes on the new interview, I hope if there's a mistake

on their part they'll fix it without much more delay. As to living in

his country there are flip side arguments on hardship as Boiler

pointed out everytime so it really does not matter.

Thank you They kept scheduling interviews for him too quickly and he doesn't have easy transportation. So we asked them if we could call them instead and they said yes but to give advanced noticed. I was worried they'd be like, "We gave you too many chances!" but they were understanding. I'll keep you guys updated here.

[Ontarkie 13,913]

~~Thread Hijack removed~~

[Oguntise 0]

Ontarke, do you want me to post my question separated from this thread? please I need answer to it.

[Jawaree 717]

Once a person is deported even mistakenly its very hard to return here....doable but hard

try talking to the postconviction center in MA & run your case by them they can tell from faxed

or emailed paperwork if its a positive or negative situation

[MrsAwakened 7]

On 12/30/2016 at 9:32 AM, Jawaree said:

Once a person is deported even mistakenly its very hard to return here....doable but hard

try talking to the postconviction center in MA & run your case by them they can tell from faxed

or emailed paperwork if its a positive or negative situation

Yeah..I mean even if that's the case, they already said "because he was deported.." he'll need the I-212. 

So even if it was a "wrongful deportation" he was still deported. I'm not saying that's what happened but a lot of evidence 

makes it seem like something isn't right. Only time will tell....

Speaking of "time"...we scheduled the interview for February 1st! 

[MrsAwakened 7]

OK... I'm going to tell you what happened. We made the interview for Feb 1.

After a 2 hour drive, the interviewer only called him up to a window for about 20 minutes and said she's not "100% sure" that he can use a waiver and that I, his US citizen wife, should call the USCIS to find out. O____o????? OKAY.
Her: "You are denied a visa _____"
Him: "I know, I'm wondering about the waivers."

Her: "I am not 100% sure."

I watched the time go from 2 pm to 2:20 pm and he messages me explaining everything that happened. I was confused that it was so quick.

 

I called the NVC and USCIS. Neither had any idea what was going on. The USCIS agreed that it was the Embassy's job to tell my husband. Even the state.gov website says the Embassy is suppose to tell the beneficiary. Apparently, the USCIS is "improving" (OF COURSE) their calling system or something so their wait times for speaking to a "higher up" person is EXTREMELY long. First, the callback time was 350 minutes (they never called). Then I called the next day, my callback time was 169 minutes (they never called). Finally, I was told it could be days (about 3-4).  17 days later, they still have not called me! I was done with that nonsense. Anyway, when I emailed the Embassy, I told them I don't understand what happened. They said, "The waiver process is through the USCIS"....UH no duhhhhhh! I emailed them back, including what the state.gov website said but the Embassy seemed to wait until it was time for them to close to reply the first time and then never replied to my second email that I sent immediately after they sent theirs (even 17 days later!). :| Usually the Embassy replies extremely fast. I guess not when you REALLY need them? O__o No one is replying and everyone is just saying stuff! lol  When I did call the USCIS back after I emailed the Embassy the second time, I told them what happened. They were still mind-boggled. I explained to each person I talked to that the Embassy told me we can start the I-212 process. The NVC and the USCIS both were like, "They told you to do it? Wellllll..." lol like then why am I asking them?! xD wow... Now he has his denial paper and nothingness! lololol

How did they "investigate" for 3 months and end up not "100% sure"? 

They had 3 months to ask around. The USCIS is like the parent company in this case.

Did they not ask them what to do?! 

 

So we're going to do both the waivers, send everything (including screen shots of embassy emails), and then see what happens! 

 

This is what I quoted and underlined to the US Embassy: 

"Waivers of Ineligibility

If you are ineligible for a visa based on one or more of the laws listed in Section 212(a) of the Immigration and Nationality Act, you may be able to apply for a waiver. The visa category that you are applying for will determine whether a waiver of ineligibility is available. The consular officer interviewing you will tell you if you may apply for a waiver and will provide detailed instructions for how to apply."

https://travel.state.gov/content/visas/en/general/ineligibilities.html#visa