Jump to content

4 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted

I must be driving you crazy with all my questions but I really trust all of your information. I'm the beneficiary, and I used to live in the U.S but I had to leave because I got a voluntary departure letter. I left the U.S within the time frame immigration gave me to leave. I was reading the documents needed for the ds-230 on the website and it says that if you were deported you would need to fill out form I-212. Here is what it says on the website:

"Applicants who have previously been deported or removed at government expense from the United States must obtain Form I-212, Permission to Reapply after Deportation, from the U.S. Citizenship and Immigration Service, or from a U.S. Embassy or Consulate, and follow the instructions included on that form."

From what I understand I wouldn't need to fill out a I 212 because I left within the time they gave me to leave and I didn't leave at government expense from the United States. What do you think?

IR-1 / CR-1 Visa

Service Center : Vermont Service Center

Consulate : Bogota, Colombia

12-21-2008: Marriage

01:02:2009: I-130 Sent

01-16-2009: 130 NOA1

03-22-2009: 130 NOA2

NVC

03-30-2009: NVC received file

04-03-2009: NVC assigned case number

04-07-2009: Received bill

04-08-2009: Paid bills online

04-09-2009: Status shows paid for both bills

05-01-2009: Sent DS-230 and Affidavit of Support (Overnight Delivery) Lawyer took his time to fill everything out and delayed our process.

05-05-2009: NVC received package

05-11-2009: RFE thanks to the lawyer again and his assistant.

05-12-2009: RFE package sent to NVC

05-14-2009: NVC received RFE package

05-27-2009: Case finally complete!

K3 Visa

Service Center : Vermont Service Center

Consulate : Bogota, Colombia

12-21-2009: Marriage

01-28-2009: I-129 Sent

01-31-2009: I-129 NOA1

03-22-2009: I-129 NOA 2

03-30-2009: File sent to the embassy

Filed: K-1 Visa Country: Philippines
Timeline
Posted
I must be driving you crazy with all my questions but I really trust all of your information. I'm the beneficiary, and I used to live in the U.S but I had to leave because I got a voluntary departure letter. I left the U.S within the time frame immigration gave me to leave. I was reading the documents needed for the ds-230 on the website and it says that if you were deported you would need to fill out form I-212. Here is what it says on the website:

"Applicants who have previously been deported or removed at government expense from the United States must obtain Form I-212, Permission to Reapply after Deportation, from the U.S. Citizenship and Immigration Service, or from a U.S. Embassy or Consulate, and follow the instructions included on that form."

From what I understand I wouldn't need to fill out a I 212 because I left within the time they gave me to leave and I didn't leave at government expense from the United States. What do you think?

Thats not what it says to me , if you break down each word , and define it it says from what you wrote . (1) Applicants who have previously been deported (2) or removed at government expense ( from the united states )

So if you have left , in the time they tell you . That is still deportation , so from what you said after that as follows .( need to fill out a I-212 ), so in my opinion you must still fill out the I-212 . And submite it too the proper place , so its filed

Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted

I found this too

" • Removal (Including Deportation) under a Formal Order . An alien who was deported or removed following a deportation or removal hearing before an immigration judge requires consent to reapply within 10 years of the date of removal. If the alien was actually arrested and deported, the file will usually contain a Warrant of Deportation/Removal ( Form I-205 ). Generally, if a warrant was not issued and executed, consent to reapply is not required: however, in the case of an alien who departed after the voluntary departure period set forth in the decision of the immigration judge, the file may not contain an executed Warrant of Deportation/Removal. Nevertheless, because the judge's deportation order became effective the day after the expiration of voluntary departure authorization, the alien's departure after the date is a deportation pursuant to 8 CFR 241.1(f) , and the alien does require consent to reapply. Occasionally, an alien who departed the U.S. under voluntary departure will believe that such departure constituted a deportation, and will file a Form I-212. If the relating A- file does not contain an executed Warrant of Deportation or an indication that departure was effected after the voluntary departure date granted in an alternate order of deportation, the Form I-212 is not necessary."

IR-1 / CR-1 Visa

Service Center : Vermont Service Center

Consulate : Bogota, Colombia

12-21-2008: Marriage

01:02:2009: I-130 Sent

01-16-2009: 130 NOA1

03-22-2009: 130 NOA2

NVC

03-30-2009: NVC received file

04-03-2009: NVC assigned case number

04-07-2009: Received bill

04-08-2009: Paid bills online

04-09-2009: Status shows paid for both bills

05-01-2009: Sent DS-230 and Affidavit of Support (Overnight Delivery) Lawyer took his time to fill everything out and delayed our process.

05-05-2009: NVC received package

05-11-2009: RFE thanks to the lawyer again and his assistant.

05-12-2009: RFE package sent to NVC

05-14-2009: NVC received RFE package

05-27-2009: Case finally complete!

K3 Visa

Service Center : Vermont Service Center

Consulate : Bogota, Colombia

12-21-2009: Marriage

01-28-2009: I-129 Sent

01-31-2009: I-129 NOA1

03-22-2009: I-129 NOA 2

03-30-2009: File sent to the embassy

Posted
I found this too

" • Removal (Including Deportation) under a Formal Order . An alien who was deported or removed following a deportation or removal hearing before an immigration judge requires consent to reapply within 10 years of the date of removal. If the alien was actually arrested and deported, the file will usually contain a Warrant of Deportation/Removal ( Form I-205 ). Generally, if a warrant was not issued and executed, consent to reapply is not required: however, in the case of an alien who departed after the voluntary departure period set forth in the decision of the immigration judge, the file may not contain an executed Warrant of Deportation/Removal. Nevertheless, because the judge's deportation order became effective the day after the expiration of voluntary departure authorization, the alien's departure after the date is a deportation pursuant to 8 CFR 241.1(f) , and the alien does require consent to reapply. Occasionally, an alien who departed the U.S. under voluntary departure will believe that such departure constituted a deportation, and will file a Form I-212. If the relating A- file does not contain an executed Warrant of Deportation or an indication that departure was effected after the voluntary departure date granted in an alternate order of deportation, the Form I-212 is not necessary."

It sounds to me like you made a 'voluntary departure' within the time frame they gave you...you were not arrested and deported. I wouldnt think you need to file any I-212...someone correct me if wrong here...

~Lainie

Feb. 2002 - met online/started talking

Dec.2002 - met IRL, got engaged!

May 2003 - Moved to Holland to live with fiance

Dec.2008 - Got married!

Feb. 23 2009 - DCF Amsterdam Consulate!

Feb. 27 2009 - 130 Approved!

Mar. 27 2009 - Packet 4 rec'd

April 17 2009 - Medical

April 27 2009 -Final Interview--APPROVED!!

April 29 2009 - Received VISA in mail!

June 22 2009 - Flew to NY

Sept 18 2009 - Moved to NC-WooHoo!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...