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

[Jawaree 717]

Was he issued a 221G with a ticked  (action) or a denial?

Its uually the embassy who decides if  waivers are needed,

the copy of an approved 221G from CO must be sent with the

waiver packet & COs usually consult with the consular they cant

just say they dont know ask USCIS....nope dont work like that.

 

Have you tried getting help from your Congress-person, although

that route at this time maybe no help with the current climatem a 

recent deportation & CIMT...However he must have gotten a denial letter

 

Deported under 237 (a) (2) former LPR?  keep researching, read FAM

& go to plan B...I hope you get some concrete info soon

Edited February 20, 2017 by Jawaree

[MrsAwakened 7]

On 2/19/2017 at 7:47 PM, Jawaree said:

Was he issued a 221G with a ticked  (action) or a denial?

Its uually the embassy who decides if  waivers are needed,

the copy of an approved 221G from CO must be sent with the

waiver packet & COs usually consult with the consular they cant

just say they dont know ask USCIS....nope dont work like that.

 

Have you tried getting help from your Congress-person, although

that route at this time maybe no help with the current climatem a 

recent deportation & CIMT...However he must have gotten a denial letter

 

Deported under 237 (a) (2) former LPR?  keep researching, read FAM

& go to plan B...I hope you get some concrete info soon

 

That's seriously what the interviewer said to him. That she's not 100% sure and that I have to call the USCIS. 

But they told me via email that we can start the I-212 process with the USCIS. So none of this makes sense... O___o 

He wasn't deported for a CIMT so that's not a problem. Yes, he received a denial letter. 

[Jawaree 717]

OK do a lone I 212  waiver in the jurisdiction he departed from

get some help in doing it, get your congree-person on board

[Oguntise 0]

Jawaree, please what is FAM and what is your plan B?

[Jawaree 717]

FAM is parts of uscis laws, you can google

read from FAM 40. on

plan B... what will you do if he's not let in

where will you both live

[MrsAwakened 7]

16 hours ago, Jawaree said:

OK do a lone I 212  waiver in the jurisdiction he departed from

get some help in doing it, get your congree-person on board

Well, I was thinking just send the I-601 with the I-212. He would need the I-601 regardless since he was deported for a crime.

I heard what can happen when you send a lone I-212...it's not good! Like they malfunction when they see it by itself. It happened to my friend.

She was waiting a very long time and they just kept sending it around instead of one person just dealing with it and getting it done. 

I can't bring myself to send a lone I-212.  I ordered 2 "ACCO" folders because I read the USCIS likes when you double hole punch your waiver paper stuff and stick them in ACCO folders. hahah I'm waiting for them to arrive. If they take too long, I'm going to an office supply store because I don't have time for slow mail! 

 

How do I get the Congress/Senator involved? 

[Jawaree 717]

You cant follow all rumors & confuse yourself..A lone  I 212 goes to the 

Director in the jurisdiction one is deported or VD from asking for permission

to re-enter They do not accept or deal with I 601 That goes to Nebraska with

a  copy of 221G appproval to file waivers.....since you are at a Cross Rd with

this thing & no concrete answer the suggestion to send a lone 212 is just a

trial at this point it also cost money to do so.

 

You find who your congress-person is by your zip code online, print a copy of

their authorization form , then fax in to them filled out & signed by the person 

that is trying to get back in the US. They make enquiries, get statuts & some answers

on petition , but cannot help make decisions or speed the process unless it

involves humanitarian emergencies with proofs...example dying or death

 

Save your money uscis dont care about special folders & clasp, they say its

all dumped on arrival at intake

Edited February 23, 2017 by Jawaree

[Oguntise 0]

Hello and good morning Jawaree, it's there a possibility I have your email address?

[Jawaree 717]

On 2/23/2017 at 3:30 AM, Oguntise said:

Hello and good morning Jawaree, it's there a possibility I have your email address?

Use PM button

[MrsAwakened 7]

Finally, I have gotten some answers...

The craziest part? It was thanks to the NVC, not the USCIS! ?

First, I called the USCIS again. I was given two, bad options.

1. Be transferred and talk to an Immigration Officer

Problem: The wait time for a call back is terrible. I've already been waiting a month.

The man said the Immigration Officers are still trying to call back those who have already been waiting.

2. Call the Consular (US Embassy in Sarajevo)

Problem: I already know their thoughts, "Call the USCIS". ?

No thanks. ❌

He was really nice but he was simply reading off of something. He could have just been some guy they hired to answer phones and transfer to the right people, not someone educated in actual, serious USCIS stuff. Only basics.

 

I decided I would try the NVC again since the last lady I had talked to said the Embassy hasn't updated anything yet and I should try back the next week.

I gave the Embassy more than that. When I called the NVC this time, the woman said the Embassy still hasn't updated anything. 

I explained everything to her, including what the travel.state.gov says. She got really confused when I said that. Apparently, I am supposed to ask the USCIS and the US embassies AREN'T suppose to tell the beneficiary even though that is exactly what it says! She said she's never heard of an Embassy telling the beneficiary that information????????? O__o The Embassy was so serious about not being able to talk to me about ineligibilities and waivers, yet they tell me I have to be the one to ask the USCIS. Riiiight... Anyway, I asked her what I should do. Do I write a letter to the USCIS? She said that would take a long time. I asked, "Then what should I do?". She said I could make an appointment at the nearest USCIS in my state. ? Soooo, I guess that's what I'm going to do! I plan to bring everything with me in case they ask for proof of anything! haha I have no idea what will come of this. They're so secretive about stuff so I have no idea why they would suddenly tell me anything..but I don't have any other option.

 

We'll see what happens.. 

[MrsAwakened 7]

On 2/23/2017 at 0:36 AM, Jawaree said:

You cant follow all rumors & confuse yourself..A lone  I 212 goes to the 

Director in the jurisdiction one is deported or VD from asking for permission

to re-enter They do not accept or deal with I 601 That goes to Nebraska with

a  copy of 221G appproval to file waivers.....since you are at a Cross Rd with

this thing & no concrete answer the suggestion to send a lone 212 is just a

trial at this point it also cost money to do so.

 

You find who your congress-person is by your zip code online, print a copy of

their authorization form , then fax in to them filled out & signed by the person 

that is trying to get back in the US. They make enquiries, get statuts & some answers

on petition , but cannot help make decisions or speed the process unless it

involves humanitarian emergencies with proofs...example dying or death

 

Save your money uscis dont care about special folders & clasp, they say its

all dumped on arrival at intake

 

If you look at the form section on the USCIS website, it shows "Where to File". 
Both say the same address. If you look at the I-212, it actually specifically mentions both the I-212 and the I-601 to be filed together

to the same address (USCIS Phoenix Lockbox). The USCIS InfoPass went as I expected but at least I know for sure. They said they have nothing to do with telling a beneficiary if he/she can get a waiver, that is the Embassy's job. I already knew that but the Embassy AND the NVC seem to disagree. :|
Anyway, I just emailed the Embassy and was as straightforward as I possible. I re-explained the situation and asked if he can use both. I have to wait for their reply. If they still act confused or say no, I will be contacting an attorney. Two of my friends are suggesting a Senator, etc. That's not out of the question but I'm not going to jump to that yet. It's only been a few days! haha xD I organized all the evidence/documents for the waivers and am waiting for a few more things. I had ordered an accordion style (super stretch!) file folder and it's so filled that I had to use a hair tie to extend the closing mechanism.  The forms give you the option to write a summary on it or attach your own papers. I plan to sit down and use all my writing skills to come up with something great! We had already filled out the forms long ago, he just has to sign and date them. 

 

I-601

"Direct Filing Addresses for Form I-601, Application for Waiver of Grounds of Inadmissibility 

Seeking an immigrant visa or a nonimmigrant K or V visa and I have been found inadmissible by a consular officer after my visa interview.
 

USCIS Phoenix Lockbox

For U.S. Postal Service:

USCIS
P.O. Box 21600
Phoenix, AZ 85036

For Express Mail and Courier Deliveries:

USCIS
ATTN: 601/212 Foreign Filers
1820 E. Skyharbor, Circle S, Suite 100
Phoenix, AZ 85034

• Applicants residing in Cuba may choose to file at the USCIS Havana Field Office or at the address above.
• To request processing by a USCIS international office due to exceptional and compelling humanitarian reasons, please review the information about the exceptions to domestic filing is located on the USCIS website at www.uscis.gov/i601centralizationexceptions

https://www.uscis.gov/i-601-addresses

 

I-212
"Direct Filing Addresses for Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal

 

Applicant for immigrant visa who is outside the United States and in need of concurrent waiver filed on Form I-601

You may request both the waiver and consent to reapply for admission to the United States after you have attended your visa interview at a U.S. consulate and after a consular officer has found you inadmissible.  You must file Form I-212 together with Form I-601, Application for Waiver of Grounds of Inadmissibility.

USCIS Phoenix Lockbox

For U.S. Postal Service (USPS) deliveries:

USCIS
P.O. Box 21600
Phoenix, AZ 85036

For Express mail and courier deliveries:

USCIS
ATTN: 601/212 Foreign Filers
1820 E. Skyharbor Circle S, Suite 100
Phoenix, AZ 85034

Office Where the Application is Adjudicated: USCIS Nebraska Service Center

https://www.uscis.gov/forms/direct-filing-addresses-form-i-212-application-permission-reapply-admission-united-states-after-deportation-or-removal

 

They actually care a little bit about how you format your stuff...justtttt a little bit. xD You told me not to follow rumors and then you told me something that could be a rumor.  I want to be sure I follow what they say so that I don't irritate anyone. Something as simple as buying an ACCO fastener folder and two-hole puncher isn't too bad. Maybe they will throw it away, but that doesn't mean I shouldn't do it. I'd rather waste a little money and not have someone in a bad mood because they think we're stupid for not following simple guidelines! haha 

"General Tips on Assembling Applications for Mailing

• In preparing your packet, please take note of the following:
  • Do not use binders or folders that cannot be easily disassembled.
  • Use ACCO fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.
  • The use of tabs assist in locating items listed as attachments. The tabs should be placed on the bottom and not the side for ease in filing.
  • Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips.
  • Avoid submitting originals unless specifically required. Avoid submitting oversized documentation when possible.
• If you are sending more than one case in an envelope, clearly separate the cases by rubber band or clip fasteners."

https://www.uscis.gov/forms/forms-and-fees/general-tips-assembling-applications-mailing
 

[MrsAwakened 7]

Finally the US Embassy gave us actual detail about his situation. It's what was expected, 2 marijuana charges equals no I-601 waiver eligibility EVER. Aka no I-212 waiver then either. Not surprised! 

 

Next step? Challenging one or both of the convictions and possible postconviction relief based on not communicating immigration consequences of the convictions. I'm already in the process of researching about an immigration/criminal defense attorney. Also, I checked out the VisaJourney "Find an Attorney" for more criminal defense attorney options. I'm hoping to find one that allows payment plans and isn't extremely expensive overall. "Extremely expensive" means charging someone $5,000 - $10,000 in general and upfront! I'm cheap but realistic (anything above $2k is crazy but you know..🙄). I know attorneys are expensive but I'll just keep looking for someone who is right for our situation. I'm still leaving the "call a senator" as an option but it's not something I feel will get us anywhere at the current time. One step at a time... 

[Boiler 43,543]

$10k strikes as being both cheap and a long shot for success.

 

My understanding is that the Consulate only needs reason to believe so even if a case could be dismissed on a technicality this late not sure if it actually helps.

 

Not sure what a Senator could do, you know the issues.