WHERE TO FILE THE I-212 OR I-601 IN THE PHILIPPINES?

[Bocajr27 3]

Did they issue the visa before the waiver was approved? No. Could they? No.

Why? She was ineligible for a visa until she had a waiver.

I do understand you are trying to help, and I respect that, but in this instance they used the wrong wording and you just quoted their error. You can find the ineligibilities listed on this website: DOS ineligibilities

Scroll down and you will see that under 9A, previous deportation (also including Expedited Removals) is an ineligibility and is listed in the law and also on the consular checkoff sheet which they must not have given you or your wife, but gave to our OP. . . .don't feel bad though, even "public charge" is an ineligibility until a person gets a co-sponsor, it is just the legal term. . .

Not every person at the consulate bothers to proofread their emails. If they had read the INA they would know that it is listed as an "ineligibility" and if they had proofread their email and placed the word "other" before the word "ineligibilities," we wouldn't be having this conversation.

EMT103. While you are correct about section 9A of the ineligibility list, you failed to state that there are exceptions to the rule. Our case fell under one such exception. My wife’s deportation fell under exception 9A (iii) (II) which states (and I'm quoting from guide lines here);

“(II) Asylees. –No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.”

The FACT is that my wife was here LEGALLYand had requested asylum, which was ultimately denied. Deportation was one of two options (the other being appealing the judges decision which 9 out of 10 times fails). Since she did not accrue any time illegally in the United States, there was NO INELIGABILITIES FOUND.

We did get a check off sheet from the consulate during our interview. The only thing that was checked on it was a the first line under the word "Other" which states (& I'm translating it for you since it's in Spanish);

"Your solicitation for a visa has been detained until an internal administrative process can be completed. We will contact you as soon as this process has been completed and will advise you on your next step."

Final thought. In my opinion the consulate did use the CORRECT wording on their e-mail to me. In my opinion, one of the reasons we received the I-212 approval so quickly was because she had NO INELIGABILITIES. Every case is different and (from what I'm reading) every consulate acts differently. Again, the I-212 is a permission to reenter the US. The OP may very well have to file both the I-212 and the I-601, which would have to be done at the consulate and not the local USCIS that handled his departure.

[emt103c 10]

That exception is listed under 9B for overstay, not an exception for deportation 9A.

Was she deported or not? If she was deported, she was ineligible, if she was not deported, then she was not ineligible. It is a legal term, I am sorry that it is such a charged word for you, but it is the term used in the statute.

Edited July 20, 2010 by emt103c

[Bocajr27 3]

That exception is listed under 9B for overstay, not an exception for deportation 9A.

Was she deported or not? If she was deported, she was ineligible, if she was not deported, then she was not ineligible. It is a legal term, I am sorry that it is such a charged word for you, but it is the term used in the statute.

I'm not going to keep beating a dead horse. I can't explain it any clearer than I already have. You obviously know much more than the people working at the consulate.

[emt103c 10]

EMT103. While you are correct about section 9A of the ineligibility list, you failed to state that there are exceptions to the rule.

I'm not going to keep beating a dead horse. I can't explain it any clearer than I already have. You obviously know much more than the people working at the consulate.

Wow, you have made this really impossible. You acknowledge above that it is listed as an ineligibility and yet you are also saying it is not an ineligibility. You HAVE MISUNDERSTOOD the consulate and the writing in the law. You have interpreted it incorrectly, but you are trying to make me appear to be obstinate.

READ THE LAW. Your exception is a different section that caused your spouse not to be ineligible under 9b, but ineligible under 9a.

I will now also stop reading/responding to this since we've hijacked the thread enough. . .

If you read what has been written with a clear mind and read the law you will understand. Stop thinking that the email from the consulate trumps the law. . .I've read enough letters/emails from consular officials to know that mistakes, mistatements and omissions of information are quite common. This is the case here and you've held onto it as if it were gospel.

Law trumps consular official typo.