Jump to content
Sign in to follow this  
joliejodi

I-212 needed after voluntary departure?

9 posts in this topic

Recommended Posts

Filed: K-3 Visa Country: Haiti
Timeline

Hello,

My husband and I have filed an I-130 and I-129F and recently got our approval on both of these. My husband initially entered the US illegally and filed for political asylum. Due to a missed appointment, we was placed in removal proceedings. Rather than risk deportation, he chose to voluntarily depart the US (assuming our I-129F would be approved prior to his departure....didn't happen of course!) Our attorney advised us that we did not need the I-212 waiver due to the fact that my husband voluntarily departed the US and was not deported. Does anyone have experience in knowing if this is true? We have since heard differently and are worried now that we will be denied a visa at our interview due to not having filed the I-212 waiver. Thank you!


K-3 Visa

Service Center : Vermont Service Center

Local CIS Office: Orlando, FL

Consulate : Port-Au-Prince, Haiti

Marriage : 2007-09-29

I-130 Timeline

I-130 Sent : 2007-11-14

I-130 NOA1 : 2008-01-23

Touch: 2008-07-10 (Address Change)

Touch: 2008-09-26

Touch: 2008-09-27

Touch: 2008-10-16 (case moved to Orlando CIS office)

Touch: 2008-10-17

2008-10-30: I-130 moved back to VSC for adjucation (per congressman)

Expedite Requested: 2009-01-31

Expedite Approved: 2009-02-10

RFE Sent: 2009-02-11

RFE Response: 2009-04-17

NOA2: 2009-07-01

Received at NVC: 2009-07-14

File Sent from NVC to Haiti Consulate: 2009-08-18

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline
Hello,

My husband and I have filed an I-130 and I-129F and recently got our approval on both of these. My husband initially entered the US illegally and filed for political asylum. Due to a missed appointment, we was placed in removal proceedings. Rather than risk deportation, he chose to voluntarily depart the US (assuming our I-129F would be approved prior to his departure....didn't happen of course!) Our attorney advised us that we did not need the I-212 waiver due to the fact that my husband voluntarily departed the US and was not deported. Does anyone have experience in knowing if this is true? We have since heard differently and are worried now that we will be denied a visa at our interview due to not having filed the I-212 waiver. Thank you!

Section 212(a)(6)(B ) of the INA:

Failure to attend removal proceeding.-Any alien who without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the alien's inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien's subsequent departure or removal is inadmissible.

Looks like he could have a 5 year ban for ditching his removal proceedings. He was in removal proceedings for a reason. That reason doesn't go away just because he left the country voluntarily. Your lawyer might be right about him not needing the I-212 waiver, because I don't think this one is waiver eligible.

I'm no legal expert. I'm only going by what I see when reading the law. You might want to call that lawyer again.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

Your husband also entered illegally which is a hurdle you'll have to overcome. How long was he in the US illegally for?


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites
Filed: K-3 Visa Country: Haiti
Timeline

My husband was in the US illegally for less than 2 months prior to applying for asylum, so there should be no ban there.

He did not ditch his removal proceedings. He attended all of his removal proceedings and was granted voluntary departure by an immigration judge at his final hearing, so there should not be reason for a ban due to that.

The issue being, is voluntary departure viewed in the same light as deportation for the sake of admissibility in the future?


K-3 Visa

Service Center : Vermont Service Center

Local CIS Office: Orlando, FL

Consulate : Port-Au-Prince, Haiti

Marriage : 2007-09-29

I-130 Timeline

I-130 Sent : 2007-11-14

I-130 NOA1 : 2008-01-23

Touch: 2008-07-10 (Address Change)

Touch: 2008-09-26

Touch: 2008-09-27

Touch: 2008-10-16 (case moved to Orlando CIS office)

Touch: 2008-10-17

2008-10-30: I-130 moved back to VSC for adjucation (per congressman)

Expedite Requested: 2009-01-31

Expedite Approved: 2009-02-10

RFE Sent: 2009-02-11

RFE Response: 2009-04-17

NOA2: 2009-07-01

Received at NVC: 2009-07-14

File Sent from NVC to Haiti Consulate: 2009-08-18

Share this post


Link to post
Share on other sites
My husband was in the US illegally for less than 2 months prior to applying for asylum, so there should be no ban there.

He did not ditch his removal proceedings. He attended all of his removal proceedings and was granted voluntary departure by an immigration judge at his final hearing, so there should not be reason for a ban due to that.

The issue being, is voluntary departure viewed in the same light as deportation for the sake of admissibility in the future?

Due to a missed appointment, we was placed in removal proceedings

I'm confused - you said he missed the appointment.

Also - when did you marry? During the removal proceedings?

If it is determined you need a waiver, they will inform you of that, and you will need to apply for one.

From what Jim posted, it would appear to me their is some sort of ban, if you go by what you first wrote.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline
My husband was in the US illegally for less than 2 months prior to applying for asylum, so there should be no ban there.

He did not ditch his removal proceedings. He attended all of his removal proceedings and was granted voluntary departure by an immigration judge at his final hearing, so there should not be reason for a ban due to that.

The issue being, is voluntary departure viewed in the same light as deportation for the sake of admissibility in the future?

Due to a missed appointment, we was placed in removal proceedings

I'm confused - you said he missed the appointment.

Also - when did you marry? During the removal proceedings?

If it is determined you need a waiver, they will inform you of that, and you will need to apply for one.

From what Jim posted, it would appear to me their is some sort of ban, if you go by what you first wrote.

I think she's saying he missed an appointment for his asylum hearing, and was subsequently placed into removal proceedings. After my post she said he apparently did attend his removal proceedings and was offered voluntary departure, so the 5 year ban I mentioned wouldn't apply.

So, it sounds like what's left is the illegal entry, the illegal stay, and the previous removal. The illegal stay is moot - too short to result in an automatic ban. It's not clear to me whether waivers are available for the other two without knowing a lot more about the detailed findings of the removal proceeding. I think it's worth consulting a good lawyer about this one. Be sure to give them ALL documentation about the previous proceedings, including the failed asylum petition and the removal proceedings. They can't give competent advice without all of the information.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites
Filed: K-3 Visa Country: Haiti
Timeline
You don't need a 212 for a VD.

Thank you emt...I think all the information is getting confused and turned into more than it is. We do have a little more complicated case, but not so complicated as all the discussion would suggest :) Do you happen to know this from experience? I was really hoping to find someone who had been granted VD and was approved a visa (or denied) without filing a I-212. Either way, I appreciate your straight-forward answer! Thank you!


K-3 Visa

Service Center : Vermont Service Center

Local CIS Office: Orlando, FL

Consulate : Port-Au-Prince, Haiti

Marriage : 2007-09-29

I-130 Timeline

I-130 Sent : 2007-11-14

I-130 NOA1 : 2008-01-23

Touch: 2008-07-10 (Address Change)

Touch: 2008-09-26

Touch: 2008-09-27

Touch: 2008-10-16 (case moved to Orlando CIS office)

Touch: 2008-10-17

2008-10-30: I-130 moved back to VSC for adjucation (per congressman)

Expedite Requested: 2009-01-31

Expedite Approved: 2009-02-10

RFE Sent: 2009-02-11

RFE Response: 2009-04-17

NOA2: 2009-07-01

Received at NVC: 2009-07-14

File Sent from NVC to Haiti Consulate: 2009-08-18

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I don't have names, but there are tons on I2US who were granted VD, needed a 601 and not a 212. Frankly, I just know from all the research I did for my hubby's I-212. If you'd like a long read to answer the question it can be found here. This post is copied directly from the field adjudicator's manual.

Share this post


Link to post
Share on other sites
 
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
Sign in to follow this  
- 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...