Urgent !!! I- 212 Filed at wrong time

[dive_junkie76 0]

To give a brief run down. I filed the I-130 for my wife who is in El Salvador back in Novemeber of 2008 along with the I-212. We were told by the home USC station that the 212 needed to be filed then so we did. Well we didn't find out until the interview that we didnt need to. The first interview they said she needed an I-601. The next interview the following week they told her she didn't need it and they would contact her on the decision in 6 weeks. Well we didnt here anything until January. The first letter she received was telling her she needed to file an I-601. Then another letter was received on the 2nd of february by her stating the I-212 was denied because there is not enough evidence to support a hardship on us. I asked the immigration office here in houston today why we were told we needed to file the 212 knowing it doesnt need to be filed until after the interview along with the 601. Of course they cant answer that but now im stuck with the dilemma of filing the 212 all over again with the 601 and paying again. The denial letter states that If I wish to appeal the decision to file the I-290b. Now am I supposed to file the appeal or file another 212 with 601? I have until the 22nd of this month to file this appeal because they mailed the letter to my wife and not me. The letter of denial for the 212 is dated for the 22nd of january.I only 33 days to file this appeal and im rnning out of time or that will be there final decison. What should I do?

[edward toro 3]

To give a brief run down. I filed the I-130 for my wife who is in El Salvador back in Novemeber of 2008 along with the I-212. We were told by the home USC station that the 212 needed to be filed then so we did. Well we didn't find out until the interview that we didnt need to. The first interview they said she needed an I-601. The next interview the following week they told her she didn't need it and they would contact her on the decision in 6 weeks. Well we didnt here anything until January. The first letter she received was telling her she needed to file an I-601. Then another letter was received on the 2nd of february by her stating the I-212 was denied because there is not enough evidence to support a hardship on us. I asked the immigration office here in houston today why we were told we needed to file the 212 knowing it doesnt need to be filed until after the interview along with the 601. Of course they cant answer that but now im stuck with the dilemma of filing the 212 all over again with the 601 and paying again. The denial letter states that If I wish to appeal the decision to file the I-290b. Now am I supposed to file the appeal or file another 212 with 601? I have until the 22nd of this month to file this appeal because they mailed the letter to my wife and not me. The letter of denial for the 212 is dated for the 22nd of january.I only 33 days to file this appeal and im rnning out of time or that will be there final decison. What should I do?

Hello. I have a similar problem however your case is a little more ahead of mine.

My wife overstayed and looks like she needs the two waivers (I-212 / I-601) So I will tell you what I did it may help you:

I went to 3 different lawyers. The first Lawyer told me that she didn't need anything, Second lawyer said that she needs the I-601 and the 3rd lawyer said that she will need both. BUT all the lawyers agreed that WE CAN FILE THIS WAIVERS AT THE EMBASSY. Also, All these lawyers agreed that these waivers shouldn't delay my case much they all talked about 2 to 3 weeks max.

One more thing, One lawyer told me that the I-212 does not required a letter of extreme hardship. Only the I601 requires this letter.

So the first question is Why they are not letting you file these waivers at the embassy? you should call or e-mail the embassy requesting an explanation why they are not letting you file the waivers at the interview.

Second if the embassy is not helping you, you should call the DOS (department of state) and request information why the embassy is not accepting the waivers.

My interview will be on March 23rd. I will keep in touch with you to let you know how we did.

Edited February 12, 2010 by edward toro

[emt103c 10]

The 212 was automatically refused based on the fact that there was no 601 with it (even though it says it needed hardship. . .)

The adjudication process for the I-212 is online at the www.immigrate2us.net along with more information on the I-601. . .You are going to have to file another 212 with the I-601 and as long as the 601 is approved, the 212 will be too. Please contact a good immigration lawyer (Laurel Scott, Heather Poole, etc. . .) to help you with this or at least consult.

[dive_junkie76 0]

The 212 was automatically refused based on the fact that there was no 601 with it (even though it says it needed hardship. . .)

The adjudication process for the I-212 is online at the www.immigrate2us.net along with more information on the I-601. . .You are going to have to file another 212 with the I-601 and as long as the 601 is approved, the 212 will be too. Please contact a good immigration lawyer (Laurel Scott, Heather Poole, etc. . .) to help you with this or at least consult.

Thanks for all the input you guys. I really appreciate it. I already have the hardship letter waiting to be sent to my wife if I dont bring it with me when I go visit her but the only problem is im still unclear about filing an new 212 and 601. I know we have the other one on file and it was refused as stated since trhere was no 601 with it. but if i dont appeal then the letter states it will be there final decision in the matter. Im kinda stuck on having to file the appeal and another 212 with 601. If i file the 212 again like was instructed down there then we will have 2 on file with embassy. If I dont appeal then the case may be closed and I will be able to file again until oct 2011.I have already been apart from my wife since oct 2008.

As for contact a lawyer I really widh I could but i cant afford $200 for a consulation right now. With all the fees im going to be paying it just pretty much just ate my account up again. If you have any more info on what I just mentioned it would be great cus im running out of time.

[dive_junkie76 0]

To give a brief run down. I filed the I-130 for my wife who is in El Salvador back in Novemeber of 2008 along with the I-212. We were told by the home USC station that the 212 needed to be filed then so we did. Well we didn't find out until the interview that we didnt need to. The first interview they said she needed an I-601. The next interview the following week they told her she didn't need it and they would contact her on the decision in 6 weeks. Well we didnt here anything until January. The first letter she received was telling her she needed to file an I-601. Then another letter was received on the 2nd of february by her stating the I-212 was denied because there is not enough evidence to support a hardship on us. I asked the immigration office here in houston today why we were told we needed to file the 212 knowing it doesnt need to be filed until after the interview along with the 601. Of course they cant answer that but now im stuck with the dilemma of filing the 212 all over again with the 601 and paying again. The denial letter states that If I wish to appeal the decision to file the I-290b. Now am I supposed to file the appeal or file another 212 with 601? I have until the 22nd of this month to file this appeal because they mailed the letter to my wife and not me. The letter of denial for the 212 is dated for the 22nd of january.I only 33 days to file this appeal and im rnning out of time or that will be there final decison. What should I do?

Edward i just want to clarify that they are allowing us to file at the emabssy. we plan on doing so once we figure out what to do. also im not sure if you are aware but you cant file the 212 and 601 until they tell you at the interview. thats what really messed us up was because during both interviews one person told us to file both and another said not and we didnt need it. so just be prepared if you see that. were you filing in el salvador or somewhere else by the way?also did you file the waiver forms yet?

[emt103c 10]

The decision being "final" means on the FIRST I-212. . . there is no way that an appeal will help your case, because of the lack of 601 issue. . . appealing the decision will do no good, because it was a legally sound decision. You MUST file a new 212 WITH the 601 and hopefully your 601 will be approved, and thus the 212 can be approved.

[dive_junkie76 0]

The decision being "final" means on the FIRST I-212. . . there is no way that an appeal will help your case, because of the lack of 601 issue. . . appealing the decision will do no good, because it was a legally sound decision. You MUST file a new 212 WITH the 601 and hopefully your 601 will be approved, and thus the 212 can be approved.

ok so theres no need for me to file the appeal. the only thing im worried about is if they say its final then they will close my case if dont appeal wont they? another thing is that the immigration office told me to file the appeal but not another 212. i really dont trust them cus half the time i dont think the poeple behind that window even know what they are talking about since they screwed me on more than one occasion. so what do you think i should do. just have my wife file the 212 and 601 down there with my HSL and skip spending the money on the appeal? Thanks again on all your help.

[emt103c 10]

Not only do they often not know what they are talking about, but also, being the immigrants' advocate is NOT their job. . .always contact a KNOWLEDGEABLE attorney before acting, because none of us here are attorneys. However, having read attorneys' opinions, the adjudication process and anecdotal forum experiences. . .this is how I would advise you.

Run it by Laurel Scott or another attorney too. . .

[dive_junkie76 0]

Well I haven't used an attorney this entire time because I went through three of them when I started this and I got conflicting answers. Now it seems like I will have no choice but the probablem is I cannot afford one. I can't even afford the consultation fees. I think I may be screwed and this will all amount for nothing. I will give her a call and she what she says. If nothing then I will have to wait until my contract ends with the military and move down there when I know that isn't the wisest descision with all that's going on down there and everything I would be giving up here. Thanks again for your help I really appreciate it.

Edited February 15, 2010 by dive_junkie76

[Bocajr27 3]

OK. Just to clarify, the I-212 is filed with your local USCIS if your spouce requires a "Permision to reapply for entry to the US after being deported." This is done IF after the interview, the embassy finds that your spouse is eligable for a visa, but requires the approval of USCIS prior to issuing you that visa.

If your spouse is found ineligable for the visa, THEN, AND ONLY THEN can you file for I-601 is filed at the embassy along with the I-212. I would suggest that if you can't afford a lawyer, you do as much research as possible, BUT I agree with a previous post that stated that what would be final is the decision on the current I-212.

On a different note, the I-212 cost over $550.00 and the I-601 isn't cheap either. I'm just wondering how you would pay for those if you can't afford a consultation with a lawyer. Please don't misinterpret what I'm saying. I feel for you. I had to file the I-212 here in the states and support my family in colombia while taking care of all my responsibilities here in the states. So I know exactly what you mean about your savings being wiped out.

Just be prepared at the interview. The fact that you are in the US Military is a big plus on your side for getting this thing approved. Go to the other website and look at I-601 example waiver letters. In my opinion, you shoud refile, assuming they tell you to at the interview. Be prepared, and try not to stress.

Good Luck

[emt103c 10]

The military usually has lawyers available, you could try one of them too.

What I told you comes from a lot of research. . .and my own consultations with attorneys.

Clarification: I-212 can be filed:

--(for immigrant visa) with local office over area of deportation if they DO NOT need an I-601 even before interview

--with consulate when filed in conjunction with I-601 (during or after interview)

--(for k1 or k3) with consulate at or after interview, with or without an I-601

Edited February 17, 2010 by emt103c

[Used to be broken 143]

Well I haven't used an attorney this entire time because I went through three of them when I started this and I got conflicting answers. Now it seems like I will have no choice but the probablem is I cannot afford one. I can't even afford the consultation fees. I think I may be screwed and this will all amount for nothing. I will give her a call and she what she says. If nothing then I will have to wait until my contract ends with the military and move down there when I know that isn't the wisest descision with all that's going on down there and everything I would be giving up here. Thanks again for your help I really appreciate it.

The US Military has a project with AILA that is called the MAP program. They have 'pro-bono" attorneys helping military families, you should check into this.

[blondedoc 35]

So, do you one of you guys know about the solo I-212?

I was removed and I´m trying to fill that BEFORE my interview.

My lawyer says that I don´t need an I-601, it just can happen to me by the interview, but not for now.

No one the the POE undertsand that this is possible...

I´m desperate...

[Jawaree 717]

Might there be an issue where you have a ban or they may

keep reviewing if you need another waiver...why did you get

deported? the lone 212 goes to the jurisdiction that a person

get deported from, they process the waiver within weeks to

a year....some jurisdiction is not very familiar with it & it get

processed slowly & at times sent to Nebraska, NY should

be very savvy about this process, theres a question there

that needs answer or someone in the office made an error

in the process

[TBoneTX 43,485]

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