HELP! Interview denied. Need a waiver

[kcm 0]

Hi. My interview was denied due to previous overstay. The officer told me dat i may apply for a waiver. He gave me a white slip containing 212[a][9][iI]. My question is do i still need to apply for I-601 waiver?(extreme hardship) or only the 212 waiver?

Edited June 16, 2009 by kcm

[gennyangel 3]

sorry..

[jellya 0]

sorry..

hi im sorry to hear about the denial.

[JimVaPhuong 4,863]

Hi. My interview was denied due to previous overstay. The officer told me dat i may apply for a waiver. He gave me a white slip containing 212(a)(9)(B)(i)(II). My question is do i still need to apply for I-601 waiver?(extreme hardship) or only the 212 waiver?

You're the second person in the past few days to get a 212(a) denial, and also the second person who seems to think, for some reason, that the I-601 is an extreme hardship waiver. What are they writing in those denial letters?

Ok, the I-601 is an application for a waiver on Ground of Inadmissibility. They determined you were not admissible to the US. Here is the text of the law under 212(a)(9)(B )(i)(ii):

has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

You were apparently denied because you stayed in the US illegally, and you received a 10 year ban as a result. Your fiance or spouse (don't know if you're married) needs to apply for a waiver to lift this ban.

[brykit 0]

I would recommend going to www.immigrate2us.net. This website is the best for I-601 waivers.

[summersurf 10]

I'm sorry that you were denied. So the interview was in your country?

I was overstayed too, got 10 years ban. But i'm back to the States now because before we got married, we aplied for the I-601 after i got denied on my K-1 visa interview. The waiver was approved!! i'm not sure what they said in that white denial paper they gave you, but make sure before you file it... whether its only the 212 or the I-601...

[PB&JAM 1]

Hi. My interview was denied due to previous overstay. The officer told me dat i may apply for a waiver. He gave me a white slip containing 212(a)(9)(B)(i)(II). My question is do i still need to apply for I-601 waiver?(extreme hardship) or only the 212 waiver?

You're the second person in the past few days to get a 212(a) denial, and also the second person who seems to think, for some reason, that the I-601 is an extreme hardship waiver. What are they writing in those denial letters?

Ok, the I-601 is an application for a waiver on Ground of Inadmissibility. They determined you were not admissible to the US. Here is the text of the law under 212(a)(9)(B )(i)(ii):

has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

You were apparently denied because you stayed in the US illegally, and you received a 10 year ban as a result. Your fiance or spouse (don't know if you're married) needs to apply for a waiver to lift this ban.

that is what the waiver is for:

An Application for Waiver of Grounds of Inadmissibility is filed by an alien in the event that an alien has been denied admission to the United States. Different sections of INA § 212 allow for the application of a waiver of inadmissibility. Waivers must establish that a qualifying relative will suffer “extreme hardship” if the alien is not admitted. So who is the qualifying relative? It depends on the ground of inadmissibility. A waiver for prior unlawful presence (INA 212(a)(9)(B )(v)) or misrepresentation (INA 212(i)) requires it to be established that “the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien,” whereas a waiver for criminal history (INA 212(h)) requires it to be established “that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien.”

OP: i'm sorry, i know how bad this hurts! You will need to consult an attorney.

[summersurf 10]

i just read about the Waivers again and apparently the I-212 is filed if you were deported from the US, were you? so yes, you need to file them both. All the instructions written in the forms though, go to USCIS.gov, click on forms and find them all out, i'm sorry it sounds too difficult but you'll find the way, its gonna be okay...

[JimVaPhuong 4,863]

Hi. My interview was denied due to previous overstay. The officer told me dat i may apply for a waiver. He gave me a white slip containing 212(a)(9)(B)(i)(II). My question is do i still need to apply for I-601 waiver?(extreme hardship) or only the 212 waiver?

You're the second person in the past few days to get a 212(a) denial, and also the second person who seems to think, for some reason, that the I-601 is an extreme hardship waiver. What are they writing in those denial letters?

Ok, the I-601 is an application for a waiver on Ground of Inadmissibility. They determined you were not admissible to the US. Here is the text of the law under 212(a)(9)(B )(i)(ii):

has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

You were apparently denied because you stayed in the US illegally, and you received a 10 year ban as a result. Your fiance or spouse (don't know if you're married) needs to apply for a waiver to lift this ban.

that is what the waiver is for:

An Application for Waiver of Grounds of Inadmissibility is filed by an alien in the event that an alien has been denied admission to the United States. Different sections of INA § 212 allow for the application of a waiver of inadmissibility. Waivers must establish that a qualifying relative will suffer “extreme hardship” if the alien is not admitted. So who is the qualifying relative? It depends on the ground of inadmissibility. A waiver for prior unlawful presence (INA 212(a)(9)(B )(v)) or misrepresentation (INA 212(i)) requires it to be established that “the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien,” whereas a waiver for criminal history (INA 212(h)) requires it to be established “that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien.”

OP: i'm sorry, i know how bad this hurts! You will need to consult an attorney.

Thank you! I stand corrected!

[kcm 0]

i just read about the Waivers again and apparently the I-212 is filed if you were deported from the US, were you? so yes, you need to file them both. All the instructions written in the forms though, go to USCIS.gov, click on forms and find them all out, i'm sorry it sounds too difficult but you'll find the way, its gonna be okay...

hi. tnx for sharing... so who's going to file the waiver? is it me or my husband who is the petitioner? We need to file both 212 and I-601 waiver application??

[kcm 0]

follow up questions... If Im goin to apply for waiver. Is that means that I need to go start all over again like filing I-130, Ds230 etc...

[PB&JAM 1]

follow up questions... If Im goin to apply for waiver. Is that means that I need to go start all over again like filing I-130, Ds230 etc...

your husband, the American, needs to file. there are a few forms u both need to fill out, but the burden is more on him to prove it would be an extreme hardship to live without you here.

no, u do not start over, you dont have to refile the I-130. this waiver is to approve your I-130...just think of this being a continuation of the process. you will need to pay a fee to file the waiver too (around $550?)

You (or your hubby) will need a good attorney.

try: immigrate2us.com. there are a lot of ppl there who are very knowledgeable about this!

http://immigrate2us.net/forum/forumdisplay.php?f=82

[emt103c 10]

Hi. My interview was denied due to previous overstay. The officer told me dat i may apply for a waiver. He gave me a white slip containing 212(a)(9)(B)(i)(II). My question is do i still need to apply for I-601 waiver?(extreme hardship) or only the 212 waiver?

You're the second person in the past few days to get a 212(a) denial, and also the second person who seems to think, for some reason, that the I-601 is an extreme hardship waiver. What are they writing in those denial letters?

Ok, the I-601 is an application for a waiver on Ground of Inadmissibility. They determined you were not admissible to the US. Here is the text of the law under 212(a)(9)(B )(i)(ii):

has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

You were apparently denied because you stayed in the US illegally, and you received a 10 year ban as a result. Your fiance or spouse (don't know if you're married) needs to apply for a waiver to lift this ban.

For the I-601 you MUST prove that the US Citizen will experience EXTREME HARDSHIP if the "alien" is not allowed to move to the United States. They are correct.

[emt103c 10]

Oops! Sorry, I see someone else already pointed that out.

The OP needs to visit www.immigrate2us.net like others have pointed out.

[spookyturtle 9,466]

You need a top notch lawyer. The Phiilipines is an extremely difficult consulate to get a waiver approved.